In 2006, the Town of Mount Pleasant (“the Town”) rezoned property on Whipple Road adjacent to the Candlewood residential subdivision from an R-1 residential zone to an Economic Development zone. The property was owned by South Carolina Electric and Gas, and leased to SCANA Communications, which hoped to build a telecommunications tower there. In an […]
Pegasus Tower Company sought to construct a 152.5-foot monopole cellular tower in Louisville, Kentucky, on property owned by Village Manor Properties, adjacent to property owned by appellant, Masonic Homes of Kentucky, Inc. In accordance with Kentucky law, Pegasus submitted a uniform application to construct the tower to the Louisville Metro Planning Commission, which held a [...]
In order for its signal to reach customers, T-Mobile built cell sites in various locations to maximize wireless service. Due to a significant gap in coverage in the Borough of Leonia, T-Mobile applied for a use variance in order to place an antenna and other equipment on the roof of an apartment building. This building, [...]
New York SMSA, doing business as Verizon Wireless (hereinafter “Verizon”), planned on constructing a 130 foot monopole telecommunications tower within the Township of Colts Neck. Verizon sought zoning variances from the Zoning Board of Adjustment of Colts Neck (hereinafter “ZBA”), but was denied. Verizon appealed the denial to the Superior Court of New Jersey, Law [...]
T-Mobile Northeast instituted this action to challenge the denial of their special use permit application. Specifically, T-Mobile asserts the Town of Islip violated the Telecommunications Act of 1996 (hereinafter “TCA”) and Article 78 of the New York Civil Procedure Law and Rules. In this opinion, the United States District Court, Eastern District of New York [...]
Hamilton Township, Pennsylvania, denied Global Tower’s application to construct a cell tower. Global Tower challenged this denial in federal court, alleging violations of the Telecommunications Act of 1996 (hereinafter “TCA”). Upon review of the magistrate judge’s recommendations, the United States District Court, Middle District of Pennsylvania granted Global Tower’s motion for summary judgment, and in [...]
American Towers sought to construct a communication tower in the industrial management zone district. In this zone district, communication towers are permitted by way of special use permit. To obtain a special use permit, the party must submit an application and satisfy six general requirements and twenty additional tower related requirements. Upon review, Morrisville denied [...]
New Cingular Wireless sought to construct a cellular telephone tower in the Benjamin’s Run Planned Unit Development (PUD) in the City of Tallahassee, Florida. City officials had sought the guidance of a state administrative law judge on the issue of whether a cellular telephone tower was authorized under the PUD’s governing document. After holding an [...]
To close the significant gap in service coverage occurring in the area “along Burntwoods Road, Danmark Drive, Sharp Road, Roscommon Drive and Hobbs Road, as well as in the developed surrounding residential neighborhoods,” in 2009, the plaintiff, T-Mobile, submitted a conditional use petition to the Howard County Hearing Authority, to build a commercial communications tower [...]
T-Mobile received complaints about a gap in coverage in the area of Newport News, Virginia, and identified R.O Nelson Elementary School as a target location for a new wireless communication tower. Under the local zoning ordinance, construction of the tower required a conditional use permit to be issued. In April 2008, T-Mobile submitted an application [...]
AT&T, a telecommunications provider, discovered a coverage gap in the town of Fenton, New York. To remedy the gap, AT&T proposed construction of a cellular phone tower and applied for a use variance. AT&T submitted affidavits from several experts along with the result of a “balloon test.” For the balloon test, AT&T raised a large [...]
Verizon Wireless, a telecommunications carrier, is considered a public utility for purposes of zoning. Verizon identified a “coverage gap” in its services in the Village of Flora Park and sought to construct a telecommunications facility on the roof of a commercial building to resolve the coverage problem. Since the village code provided that any “antenna [...]
Clearwire, an entity of Sprint, provides wireless broadband for Sprint in Nassau County, New York. Clearwire applied to the Village of Lynbrook for a special use permit to build a telecommunications facility on the top of an existing building to provide 4G to the area. After several public hearings, the Board denied Clearwire’s special use [...]
New Cingular Wireless (“AT&T”) sought approval from the Fairfax, Virginia board to build an eighty-eight foot telecommunications tower in a residential area. Under the county’s zoning ordinance, a telecommunications tower may only be built in residential areas with a special exception and approval of a site plan by the planning commission. The planning commission must [...]
T-Mobile had sought approval from Fairfax County, Virginia officials to construct a wireless service facility on a utility pole which already housed similar equipment for two other competing wireless companies – AT&T and Verizon. The proposal, which involved increasing the height of the pole from 100 to 110 feet and installing a cylindrical configuration of [...]
