A judge in Conway, New Hampshire, has dismissed a $50 million lawsuit filed against the Conway Zoning Board of Adjustment for its approval of a cell tower.

The tower, which has not been built yet, must be exercised within a year's time, ordered the judge.

As reported by The Conway Daily Sun, no more town approvals for the tower will be needed. The cell tower is expected to be about 160 feet (48.7 meters) tall.

The ZBA approved an application from Bear Hill Development of Natick, Massachusetts, to build a wireless communications facility on Artist Falls Road in North Conway back in 2021.

However, the application was met with some resistance from one local, Kevin MacMillan. MacMillan, who believes cell towers cause health hazards, filed a lawsuit seeking $50 million from the town in November of last year.

The Artist Falls resident initially filed the suit in Carroll County Superior Court, before the case was moved to Hillsborough County North in Manchester, New Hampshire, which is the state’s land use court.

In his suit, MacMillan alleged that the "ZBA ignored concerns related to cell tower collapse, fire, and height, in addition to alleged radiation hazards."

He also said that the planning board ignored concerns around pollution, radiation, property value, and a reduction in quality of life.

But in response to MacMillan's suit, Land Court Judge Michael Klass issued an order earlier this month (June 10) to dismiss it.

“Plaintiff’s concise, three-page complaint sees considerable damages ($50,000,000) and alleges that the ZBA approved an incomplete application for the cellphone tower in January 2021 and (says) such application included false information concerning a related balloon test,” said Judge Klass.

Conway Zoning Board filed a motion in December to dismiss MacMillan's claims.

“Here, the crux of plaintiff’s appeal is his ongoing objection to the permits previously issued by the planning board and the ZBA that allow for the construction of the cell tower, and the process that lead to the issuance of such permits,” said Klass.

“Plaintiff’s objections all flow from the same factual transaction of the planning board’s and ZBA’s issuance of the cell tower land use permits. In sum, the Court concurs with the town that the current appeal amounts to a so-called second bite of the apple by the plaintiff.

“Thus, the Court concludes that the plaintiff’s current action is barred by res judicata (the case is already litigated) and must be dismissed.”

The Conway Daily Sun reported that MacMillan plans to appeal the verdict to the New Hampshire Supreme Court.