UPDATE The denial of a conditional use permit to erect a cell tower on the grounds of the Blue Mountain Community Church has prompted AT&T to file a lawsuit against Walla Walla, WA, reports the Walla Walla Union Bulletin. The church has said it is amenable to hosting the 65-foot cell tower, but neighbors opposed to the plan have campaigned hard to keep it from being built. When it last came up for a vote, the local government was swayed by the loud voices of a handful of residents and voted against AT&T’s request.
In response, AT&T sued the city in federal court, skipping over lower court battling in hopes of obtaining a quick and decisive resolution. City Attorney Tim Donaldson confirmed that AT&T is acting within its rights with this approach, and expects to file an answer from the city by December 26.
AT&T contends that the local government exceeded its authority by refusing to allow the construction of the cell tower. Walla Walla zoning rules allow some leeway in residential areas, notes AT&T. The telecom asserts that the city failed to offer any alternate site suggestions, and provided no substantial evidence to support its claim that there was no coverage needed in that area.
In its lawsuit, AT&T has asked the courts to find Walla Walla’s decision null and invalid and to proceed with issuing the requested conditional use permit. It has also asked that Walla Walla pick up the legal costs AT&T has incurred for being forced to pursue this legal remedy to resolve the cell tower issue, according to the Bulletin.
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