Cheryl Sbarra, the Massachusetts Association of Health Boards executive director and senior staff attorney, writes in a new court brief that “neither the defendant mayor, nor the City Council have the authority to intervene in or interfere with the operation of the board of health.”

A Berkshire Superior Court judge will hear arguments next month on whether a lawsuit against city officials, the Pittsfield Board of Health, Verizon Wireless and a local property owner should be dismissed.

Neighbors living near a Verizon Wireless cell tower in Pittsfield are asking a judge to rule in their favor after attorneys for the city failed to respond to their July lawsuit. The neighbors also argue that the attorneys now defending the mayor, city solicitor and Board of Health should be disqualified from working on the case.

Foes of the Verizon Wireless cell tower at 877 South St. are taking their case to the Supreme Judicial Court. They want it to take a second look at the city’s alleged failure to send required notice to abutters about the tower.

Verizon Wireless withdrew its lawsuit against the Pittsfield Board of Health in federal court last week, saying its legal questions are essentially moot following a board vote to withdraw its cease-and-desist order.

The biggest topic of the Tuesday evening meeting, councilors spoke about feeling compelled to act after months of hearing the community's cries for more resources and better outcomes for residents struggling with their mental health.

Verizon Wireless is asking a federal court to block the Pittsfield Board of Health from enforcing its order demanding the company defend the safety of its tower at 877 South St. Residents of the neighborhood say the 4G tower is causing health problems.

Members decided last week that the order would include the ability to withdraw everything without prejudice if they were "unable to obtain legal counsel prior to any administrative or judicial proceeding."