In Santa Fe, New Mexico, the attorney for AT&T missed the deadline to appeal the city’s decision to deny a 64-foot cell tower. Santa Fe’s Historic Districts Review Board rejected the company’s proposal, and afterwards Peter Dwyer, a former city attorney representing AT&T in the case, said it was likely that AT&T would appeal. Six days after the denial, Dwyer filed an appeal but Kelly Brennan, the city attorney, rejected it, saying it was invalid because there had be no written decision containing the board’s findings and conclusions. “In addition, I don’t believe you paid the required fee,” Brennan wrote in an August 12th email to Dwyer after Dwyer protested the missed deadline. “The filing was indeed too early and improperly filed as well.” Brennan explained that she also explicitly explained that the appeal period would end August 6th. However, according to the Santa Fe New Mexican, “Dwyer acknowledged receiving a call from the City Attorney’s Office in late July alerting him that the board had adopted the findings and conclusions at its July 22 meeting. The next day, Dwyer went to City Hall to get a copy. ‘I was told they were not ready but to check back the following day which I did,’ he wrote August 13. ‘I was then told they would take some time to get the findings done. I was not able to get the findings until Aug. 6 and no attempt was made to mail them or send them to me by email.’ Dwyer urged Brennan to reconsider, saying it seemed ‘grossly inequitable’ to delay providing the findings and conclusions ‘until the very end of the appeal period.’” Brennan remained firm in her decision and told Dwyer that she had advised him of the appeal deadline and said he had been notified when the findings and conclusions were approved. “Further, appeals are not accepted until the fee is paid. On this basis alone the July 1 filing was not sufficient,” she wrote. (Source: Santa Fe New Mexican)
