ILNews

Judge crosses out cell tower dispute

Michael W. Hoskins
January 1, 2008
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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."
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  1. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  2. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  3. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  4. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  5. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

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