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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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