State health board's rescission of show-cause order against Verizon at center of preemption dispute before high court

BOSTON — The Supreme Judicial Court on Tuesday wrestled with whether federal telecommunications law bars a local board of health from enforcing a show-cause order directed at a Verizon cell tower and whether the board acted arbitrarily when it later rescinded that order.

Scott McCullough, plaintiffs' counsel, opened by saying the matter "is a public health matter" in which a local board was attempting "to investigate and eliminate public health threats," citing provisions described in the record as "Chapter 1 11, sections 1 22, 1 43." He told the court the inquiry is whether federal law precludes a state law board from acting to protect residents.

The dispute centers on a show-cause order the board issued requesting that Verizon "please come and talk to us" and seek ways "to eliminate" what the board identified as a public-health nuisance. Justice 1 pressed counsel to focus on the operative judicial question: the only order on appeal is the board's rescission of that show-cause order. McCullough conceded the rescission is the subject of review but told the court the board members "reaffirmed their belief" that a health threat existed and rescinded only because they were denied the ability to defend the order in federal court and lacked funds to…