A federal court in Missouri remanded a wireless tower denial to t...
A federal court in Missouri remanded a wireless tower denial to the Franklin County Zoning Board for new hearings and a full written explanation of the board’s decision. U.S. Cellular had sought a construction permit for the tower on…
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a parcel in an agricultural zone. The county planning board denied the permit, calling the tower a noncomforming use and referring the company to the zoning board for a variance. The zoning board voted 3-2 to deny the variance and U.S. Cellular appealed to the U.S. District Court in St. Louis, saying the board didn’t back up its claim that there were alternative sites at which the company could colocate its antennas. The court agreed (Case 4:07-CV-1426-JCH). It said the denial simply quoted county land-use regulations without explaining why the proposed tower wasn’t eligible for a variance under them, citing no testimony or any other evidence in the record to back up the denial. The court said the board didn’t meet Telecom Act requirements that local tower denials be supported by “substantial evidence contained in a written record.” The court remanded the case to the county board, with instructions to hold new hearings and allow U.S. Cellular to present new evidence in support of the requested variance. The court said the new hearings must begin by Nov. 19 and make a final decision on remand by Dec. 19.