East Lyme — A Superior Court judge has dismissed a property owner’s bid to question Mohegan tribal officials who raised concerns about a proposal to locate a cell tower on Ancient Highway, causing a telecommunications company to look elsewhere.

Judge Leeland Cole-Chu last week granted the dismissal sought by the Mohegan Tribal Council and two tribal officers, finding they were entitled to sovereign immunity.

"In my view, this was purely a legal question," Andrew Houlding, the tribe’s attorney, said of the matter. “It did not have to do with the merits of siting (the cell tower)."

In September, John Drabik, the property owner, had asked the court to order James Quinn, the tribe’s historic preservation officer, and Elaine Thomas, Quinn’s deputy, to submit to depositions regarding statements Thomas made to the Federal Communications Commission.

According to Cole-Chu’s decision, Quinn walked Drabik’s Ancient Highway property last June, after which Thomas responded to an FCC notice of AT&T’s interest in erecting a cell tower there. While Thomas noted no problems with the Drabik property, she did call attention to “substantial stone groupings” on land adjacent to Drabik’s.

“Although the cultural stone features are outside of the (Drabik property), the proposed new telecommunications facility would clearly impact the view shed and possibly cause impact to the overall integrity of the landscape,” Thomas wrote.

In an affidavit filed in the case, Drabik said he had hired an attorney to investigate potential legal claims against the tribal officials.

“As a result of the Mohegan Indian Tribe’s alleged findings of some cultural significance on the lot adjacent to mine, AT&T has ceased consideration of my property … thereby depriving me of my property right,” Drabik wrote.

In a separate Superior Court suit, Drabik sought to prevent the Connecticut Siting Council from acting on an alternative cell tower site at 351A Boston Post Road. The council, represented by the state Office of the Attorney General, moved to dismiss the claim and Drabik withdrew it in November, court records show.

The siting council has since considered the application of American Towers LLC and New Cingular Wireless PCS, an AT&T subsidiary, for a certificate of “environmental compatibility and public need” for a tower at the Boston Post Road location.

Council members are scheduled to review the matter Thursday, according to Melanie Bachman, the council’s acting executive director.

“At that time, a non-binding straw poll/vote will be taken to give staff direction as to how to draft the final decision documents,” Bachman wrote in an email. “A final review and vote will be conducted at the next Siting Council meeting scheduled for March 31.”

Drabik, asked whether he plans to pursue the matter further, said Tuesday, "I’m still studying the issue."

b.hallenbeck@theday.com

Twitter: @bjhallenbeck