Palm Beach County asked Fla. state court to bar Cingular Wireless...
Palm Beach County asked Fla. state court to bar Cingular Wireless from operating cellular telecom tower in Boca Del Mar until it obtained required permits from county government. County’s suit in Fla. 15th Judicial Circuit Court has its roots…
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in 1995 decision by Cingular’s predecessor, BellSouth Mobility, to replace 1973-vintage communications tower at Boca Del Mar Country Club with new 100-ft. tower. Carrier told county new tower was same height and used for same purposes as old tower. After new tower was placed in service, county said it learned from residents that old tower actually was 60-ft. 2-way radio tower that never had been approved for commercial cellular phone service. County in 1998 told then-BellSouth to prove prior existence of 100-ft. tower for commercial cellphone service. When BellSouth failed to do so, county revoked tower permits and ordered demolition of structure. BellSouth began 2-year series of unsuccessful appeals, first to Fla. Construction Board and then to state courts. That odyssey ended in Oct. 2001 when state appellate court refused to hear further appeals. However, carrier continued to operate tower without local permits. In new suit (Case CA-02-10157AH), Palm Beach County asked state circuit court for injunction to shut down tower until BellSouth/Cingular obtained land-use permits. If carrier chose not to seek permits, county asked court for order requiring demolition of tower within 30 days.