A Fla. appeals court upheld a lower court ruling giving AT&T Wire...
A Fla. appeals court upheld a lower court ruling giving AT&T Wireless 2 years to dismantle and relocate a wireless communications tower from the Sherwood Forest Park in Coral Springs, Fla. WCI Communities Inc., representing the donor of the…
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land, executor for the owner who had willed the land to the city, said the deed required the property to be used only for park purposes unless the estate or its legal successors gave explicit consent, which wasn’t given. The city in 2002 arranged with AT&T to install a cell tower in the park despite WCI objections that the deed banned commercial development. The 4th Fla. Court of Appeals (Case 4D04-3285) said the tower was off limits to the public and the city received financial compensation, so it clearly wasn’t a public parkland use and was illegal under the deed restrictions. The court affirmed the portion of the ruling giving AT&T 2 years to relocate the tower because immediate removal was impractical.