Zoning, Planning and Use
Jan. 23, 2015
Clarification on cell tower dos, don'ts
Local governments, if they adjust their practices accordingly, could turn the recently decided T-Mobile South case into a victory and affirm local authority over cell tower building plans. By Gerard Lederer and Jordan Ferguson
In T-Mobile South v. City of Roswell, decided Jan. 14, the U.S. Supreme Court was asked what Congress meant when it established that "[a]ny decision ... to deny a [cell tower] request . . . shall be in writing and supported by substantial evidence contained in a written record." 47 U. S. C. Section 332(c)(7)(B)(iii).
All nine justices agreed that a local government may employ two documents to deny ...
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