Judge Rules in Favor of Manatee County Decision

Residents of River Club in Manatee County, Florida, will be happy to know that a 150-foot tower won’t be coming to town. Last month, Judge Elizabeth Kovachevich, of the U.S. District Court Middle District of Florida, Tampa Division, ended a five-and-a-half-year fight over plans to build a 150-foot concealed tower. Vertex Development wanted to build the tower at the River Club Golf Course, but the application was denied in December 2009. “I think it’s a good outcome because it allows the county to have greater clarity for tower applications coming forward in the community,” Chief Assistant County Attorney Robert Eschenfelder, who handled the case, told Your Observer. “We can tell the board [of county commissioners] with confidence what kind of public [input] can lawfully be considered by the board members when ruling upon cell tower applications and non-cell tower land-use [items].”Before this decision, commissioners were told by county attorneys that aesthetics, home values, or similar arguments weren’t valid reasons to deny a tower. However, this ruling illustrates changes that. “Generalized aesthetic concerns do not justify the denial of a permit…However, aesthetic concerns may be a valid basis for denial if substantial evidence of the visual impact of the tower is before the board,” Kovachevich wrote. (Your Observer) Vertex has 30 days to file a notice of appeal.