Verizon has filed a federal lawsuit seeking to immediately halt rooftop construction at a Brookside condominium tower, arguing that planned repairs could interfere with a long-standing cell site and disrupt wireless service for thousands of customers across Kansas City.
The dispute centers on the 333 Meyer West Condominium Association, which owns a 12-story mid-century building at 333 W. Meyer Boulevard, widely known as the Blue Goose. Built in 1955, the tower has long been a neighborhood landmark. Verizon has operated antennas on the roof since the early 1990s.
In a complaint filed Dec. 31 in U.S. District Court, Cellco Partnership — doing business as Verizon Wireless — is seeking a temporary restraining order and injunction to block the association from removing antenna equipment or proceeding with rooftop construction while the dispute is litigated.
According to the lawsuit, the condo association informed Verizon in August that the weight of its antenna equipment had damaged exterior masonry walls on a rooftop penthouse. The association estimated repairs would cost about $120,000.
Verizon disputes that claim. One of the company’s construction engineers, Bryan Widman, visited the site in November and said in an affidavit that he observed no structural damage attributable to Verizon’s antennas. Widman also said the association had begun installing steel framing for new HVAC and boiler equipment directly next to Verizon’s antennas and indicated that additional construction was scheduled for January.
“If (that equipment) were installed, Verizon’s antenna would not be able to operate,” Widman wrote in his affidavit. “The signal would be blocked, causing service outages for those Verizon customers that rely on the antenna equipment.”
Verizon says the rooftop cell site serves a roughly three-square-mile area, covering “including residents, businesses, municipalities, schools, healthcare providers, and first responders.”
Concerned that the planned HVAC work could interrupt service — and unable to secure written assurances that construction would be paused — Verizon filed suit on the final day of 2025. Verizon’s attorney, Mike Kelly of Husch Blackwell, did not respond to a request for comment.
Emails included in the lawsuit show the two sides previously discussed temporarily relocating Verizon’s antennas while masonry repairs were completed. Verizon estimated that move would cost $80,000 to $100,000, an expense it said should be paid by the condo association.
The association countered that it would pay the $120,000 for masonry repairs if Verizon covered the cost of relocating its equipment, warning that it would seek court intervention if an agreement was not reached.
“I think we can all agree we do not wish the area to collapse and cause any parties serious injury,” the association’s attorney, Christopher Lee, wrote to Verizon in August. “We think our proposal is fair under the circumstances and urge you to accept our offer immediately. Please let us know your stance within 14 business days.”
The same correspondence noted Verizon was separately seeking to reduce its monthly lease payment from $3,766 to $3,000. Lee told Verizon the association was “unwilling to enter into any type of (lease) negotiations until this situation is remedied.”
Talks continued through the fall but failed to produce an agreement. In December, Verizon requested written confirmation that no rooftop work would proceed while negotiations continued. Lee responded that the condo board — made up of unpaid volunteers — was scattered for the holidays and could not provide formal assurances.
On Dec. 26, Lee wrote, “If Verizon has any other offers than for the Association to fully pay for removal of the items or if they simply wish to terminate the lease please let me know.” Verizon filed suit six days later.
In a statement to The Kansas City Star, the condo association said it was surprised by Verizon’s decision to sue.
“As we were working with them so we could proceed with maintenance and repairs with as little impact as possible for Verizon customers just as the Association has done with other providers,” the statement said.
“Instead, Verizon thinks it is better to intentionally omit emails showing the Association’s efforts to find a solution, stop working with the Association, and file a federal lawsuit,” the statement continued. “The Association will defend itself accordingly in the courtroom on behalf of its residents, those visiting the community, and its owners.”
The case hit a procedural delay Friday when U.S. District Judge Beth Phillips ruled that Verizon’s complaint did not adequately establish federal jurisdiction. She ordered Verizon to file an amended complaint within 14 days before the court can consider the request for an emergency restraining order.
For now, the situation remains unresolved. The antennas remain in place, and no court order is preventing the association from proceeding with rooftop work that Verizon says could disrupt cell service until the complaint is amended and the judge issues a ruling.
Originally reported by David Hudnall in The Kansas City Star.
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