ILNews

Judge crosses out cell tower dispute

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A federal suit is going back to Jeffersonville to decide whether a wireless carrier can put up a cell tower disguised as a Baptist church cross.

U.S. District Judge Sarah Evans Barker Thursday remanded the case Sprint Spectrum v. City of Jeffersonville Board of Zoning Appeals, No. 4:05-cv-00154-SEB-WGH, issuing a final judgment and denying cross-motions for summary judgment from both parties. The nearly three-year-old suit was filed in the Southern District of Indiana New Albany Division.

Sprint wanted to build a "stealth facility" that would hide a cell phone tower and equipment inside a large cross on a Baptist church, something it deemed inoffensive to the church membership and less obtrusive for the neighborhood. The wireless carrier claimed it needed the tower because of inadequate service in Jeffersonville, but the board had denied a previous request for a special zoning exception in a different location and then denied the second request after public hearings in 2005.

Appealing that second decision, Sprint argued the city board had violated the Telecommunications Act of 1996 that was designed in part to limit local governments from unfairly restricting growth of wireless communications through local regulation.

Sprint contended that the board didn't issue a "written decision" as required by the federal law, and both sides filed cross-motions arguing that neither presented enough evidence to proceed. Judge Barker cited a lack of evidence and "he said, she said"-style claims from both sides throughout the process.

"Our analysis causes us to conclude that neither party has fully met its obligations here, and that, indeed, the record is far too meager to support a judicial determination for either side," Judge Barker wrote. "In the final analysis, Sprint must provide a more convincing record to support its need for the exception it has requested. Including a more convincing case that it lacks reasonable alternatives to correct the transmission and coverage problems. As for the Board, it too must lay out its findings and conclusions in a way that explains the insufficiencies it has found in the application before it."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT