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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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