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Cell Phone Tower

Feb 5, 2015

Municipal — Zoning – Cell Phone Tower – Concealment – Giant Tree

Fehrenbacher v. City of Durham (Lawyers Weekly No. 15-07-0113, 24 pp.) (Linda Stephens, J.) Appealed from Durham County Superior Court (Howard Manning Jr., J.) N.C. App. Holding: Even though petitioners will probably always recognize the proposed 120-foot fake pine as a disguised cell phone tower, it nevertheless fits the respondent-city’s definition of a concealed wireless […]

Sep 7, 2012

Municipal – Zoning – Real Property – Value – Insufficient Showing – Cell Phone Tower

American Towers, Inc. v. Town of Morrisville In order to get a special use permit to erect a cell phone tower in the respondent-town, petitioner was required to show that the tower would not substantially injure the value of adjoining property. Petitioner’s real estate expert failed to make that showing; therefore, the superior court properly upheld the denial of petitioner’s applicat[...]

Mar 28, 2012

Zoning – Public Utilities – Cell Phone Tower – Conditional Use Permit

T-Mobile Northeast LLC v. City Council of Newport News, Va. The 4th Circuit upholds an injunction directing that T-Mobile’s application be granted for a conditional use permit to allow construction of a wireless communication tower at an elementary school in Newport News, Va.

Mar 22, 2012

Zoning – Cell Phone Tower – Residential Area – Permit Denial – Telecommunications Act

New Cingular Wireless PCS LLC v. Fairfax County Bd. Supers. A county board of supervisors’ denial of a special exception permit to allow construction of an 88-foot cell phone tower in a residential neighborhood in Fairfax, Va., did not violate the Telecommunications Act of 1996; the 4th Circuit says substantial evidence supported the board’s decision, and the permit denial did not eff[...]

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