Lawyers consider tower appeal
appeal against a controversial cell tower in a Warwick residential area.
Legal executives are due to make a decision on the possibility of further legal action involving the Fairmont Southampton Princess and the tower owners, Bermuda Digital Communications.
A subsidiary of the hotel, West End Properties Ltd., lost its fight to terminate a lease on its land with BDC, when the Supreme Court ruled the company had done nothing wrong and could remain.
Puisne Judge Philip Storr ruled in favour of BDC, who erected a cell tower on the land at Faraway, which also houses Princess staff, after they brought the civil suit against the hotel.
The staff, along with some nearby residents, expressed concern over the health aspect of the towers and the potential danger of radiation emitted from them.
Fairmont Southampton Princess general manager Norman Mastalir said he was waiting for the lead from company lawyers based in Canada on whether an appeal was feasible.
He said: "We are evaluating if there is any point in appealing or not, where we go from here.'' The judgment, handed down recently, was not what the employees were hoping for, he said, adding all of the staff were still living in the cottages there.
During the hearing, evidence was given by experts which both supported and denied any chance of health risk from radiation.
Residents who campaigned against the tower, going under the banner Community Against Radiation Emissions, (CARE), were upset at the outcome of the hearing, but said it was up to West End Properties to pursue the case.
