Two tower companies are pitted against each other in a legal batter over the installation of a 195-foot monopole on Highway 79 (Arkansas), reported the Banner-News. The lawsuit comes after an existing, 18-year-old SBA Structures-owned tower on the western side of the highway was slated to host the T-Mobile signal. However, the other, newly constructed tower (195-foot monopole) located on city property, has the ability to co-locate four carriers.
Additionally, the latter tower owned by BRT Group will make the city $75,000 richer in revenue, according to SBA legal rep, David Price.
City Attorney Mike Boyd warned the council in October 2018 that SBA Structures could pursue legal action against the city if the motion to approve the easement agreement was passed, reported the Banner-News.
However, the council — after hearing from SBA, BRT and the city attorney — approved the easement agreement unanimously. So in November 2018, SBA filed two civil lawsuits against the city. But less than a month later, in December 2018, the city inspector’s office issued a building permit to BRT for the construction of the $180,000 tower on city land.
SBA asserted that by passing the ordinance, the city, “failed to follow the mandates set forth in the Magnolia Code of Ordinances.”
“At the heart of the dispute, SBA alleges that BRT applied to build a new cell phone tower in 2018, but that the city granted the application without requiring BRT to meet any of the procedural restrictions aimed at limiting cell phone tower construction as set forth in the city’s ordinances,” the petition said.
In January, BRT Group also became involved in the case when it became an “intervening party,” and “taking sides with the city,” reported the Banner-News. One issue with the SBA lawsuit, according to BRT, is that it was filed more than 30 days after the issuance of the permit. In a motion to dismiss the case filed January 30, BRT claimed SBA’s issue all along, was simply with the issuance of the tower use permit and not a matter of proper process.
Court filings also claimed: “BRT has the permit; SBA just disagrees with its issuance” and that SBA had the right to file an appeal for the tower use permit, but that it only did so after the 30-day window allowed for such a notice.
The opposing parties are next scheduled to appear in civil court on April 18, reported the Banner-News. Comments? Email Us.
February 18, 2019
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