Westfield Faces Lawsuit From PSE&G Over Wireless Cell Towers

WESTFIELD, NJ — PSE&G is suing the Town of Westfield over an ordinance to install new wireless utilities and cell towers throughout the town, according to statement released by Councilman Mark Parmalee on Monday.

Parmalee, who is also Chair of the Code Review & Town Property Committee of the Town Council, said in his statement that PSE&G filed a lawsuit disputing the basis of General Ordinance No. 2022-04 — an ordinance that propose installing poles, wires and wireless communication facilities within the town's "rights-of-way."

According to the Municipal Research and Services Center, a city of county right of way is an "easement for public travel" or the right to use a piece of land, even if that land is privately owned. Generally, this applies to sidewalks and streets that are located on town property.

In his statement, Parmalee said the ordinance provides standards and regulations for how the town's public rights-of-way are used by utility companies, like PSE&G, so that work can be better managed. He said other towns have passed similar ordinances and none, to his knowledge, have resulted in litigation from PSE&G.

Parmalee added that the ordinance has been in progress for more than a year. Initially, it was intended to address the installation of new wireless facilities, such as 5G and other small-cell networks, and it was later expanded to include all traditional utility work in the public right-of-way.

"The Town Council believes that it is important to ensure that all work done on the public right-of-way is done properly and in accordance with what is best for our community," Parmalee wrote.

Following the introduction of the ordinance, Parmalee said PSE&G reached out to the town regarding their concerns with the ordinance and their intention to revisit installing 69,000 volt lines along the South Avenue corridor of Westfield. Parmalee said the town had several conversations with PSE&G, reiterating the town's objection to the location of this project.

Parmalee said the lawsuit was filed by PSE&G to "preserve their ability to challenge the ordinance under the short period they are allowed by law."

"We believe that G.O. No. 2022-04 protects the Town's rights not only related to any proposed 69kV project, but also with any future utility upgrades, to ensure we can minimize any potential negative impacts to Westfield," Parmalee said. "We remain extremely concerned about the impact of the 69kV poles on our residents and businesses, as we have expressed to PSE&G."

Parmalee said the council intends to take all necessary legal action to "vigorously defend" the town's interests and public right-of-way.

The full ordinance can be viewed on the town's website.

Patch will continue to follow this story and provide updates as more information becomes available.

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