T-Mobile tries to move case to federal court
By SUE SUCHYTA
Sunday Times Newspapers
WYANDOTTE – Parents opposed to the 5G cell tower on Washington Elementary School have a temporary restraining order through June 30 preventing T-Mobile from activating the tower.
T-Mobile has requested the case be moved to federal court, citing federal jurisdiction, which it may believe is to its advantage from a legal perspective.
Attorney and Washington Elementary School parent Josh Castmore said T-Mobile might approach the suit from a constitutional perspective or with respect to federal law governing cell towers.
He said T-Mobile may argue that federal law will preempt state law concerning cell tower sites.
Judge Mark Goldsmith of the U.S. District Court of the Eastern District of Michigan ruled that the temporary restraining order will stay in place, and recommended that the parent group file a motion for the case to be remanded back to the state court level. Mobile can file a response, to which the parent group may reply.
If the case is remanded back to Wayne County, it will return to Wayne County Circuit Court Judge Adel Harb, who may then rule on the status of the temporary restraining order.
If the suit stays in federal court, an evidentiary hearing likely would be required before the cell tower could be activated.
Castmore said Goldman took the allegations of health risks from the 5G tower seriously.
Meanwhile, the school board has begun interviewing permanent superintendent candidates, with the process open to the public.
The two finalists — James Anderson, Wayne-Westland Community School District director of Secondary Services and 9-12 special projects, and Taylor School District Supt. Griff Mills, will be interviewed by the Wyandotte School Board on June 19.
Three other candidates — John Kernan, a principal with Grosse Pointe Public Schools, Crestwood School District Associate Supt. Linda Lazar, and Woodhaven-Brownstown School District Director of Human Resources Greg Roberts — were eliminated after the first round of interviews.