Neighbor Takes Tower Company to Court

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After losing his battle against telecom provider TCT at the project’s outset, Wyoming resident James Jolovich is now campaigning to have a 150-foot cell tower removed from a neighboring property. As Cody Enterprise reports, Jolovich contends that the tower ruins his view of Heart Mountain, lowers his property values, and may expose him to phantom health risks. His case will be heard by the Wyoming Supreme Court.

Of the lower 48 states, Wyoming has both the smallest population and the lowest population density, boasting only six people per square mile. The cell tower in question was erected in 2020, using CARES Act funding designed to unite the sparse population through digital connectivity. 

Fourth Judicial District Judge William Edelman was the author of an earlier decision against Jolovich, noting, “The record indicates that the BOCC [Board of County Commissioners] could reasonably conclude as it did and the court gives deference to an agency’s interpretation of its own regulations, as long as that interpretation is not clearly erroneous.”

Edelman further explained that the 35-foot height Jolovich lobbied for did not represent a hardship. “It is highly unlikely that constructing a broadband tower in the area that also has the capacity to provide cell phone services will facilitate or induce a substantial amount of development in a way that would disrupt agricultural operations,” Edelman wrote.

The extra height and location of the tower was selected after conducting research on the area, added TCT CEO, Richard Wardell. The goal was to provide connectivity now, with the ability to potentially expand service in the future. According to the source, the Heart Mountain region has notoriously unreliable wireless service.

Arguing, among other things, that TCT did not thoroughly investigate other options or gather sufficient environmental impact data, Jolovich has continued the fight, which will now have its day in court. No date has been set yet for Jolovich’s hearing.

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