After local politicians voted against a special use permit, Tarpon Towers won a legal decision that will clear the way for construction. As The Blade reports, Ohio’s Sylvania City Council voted in favor of issuing the permit that will allow a cell phone tower to be erected on the grounds of the Northview High School campus. The supportive vote came on the heels of a decision by Judge Jack Zouhary of the U.S. District Court in Toledo who ruled in favor of Tarpon Towers.
Judge Zouhary determined that the city of Sylvania was acting in violation of the Telecommunications Act. He explained the city failed to act promptly and supply evidence that would give it any leverage in determining the placement of cell phone towers. The court dismissed claims of aesthetic infraction, property threats, and phantom health concerns. He also declined to allow citizens group, Sylvania for Responsible Technology, to insert itself as a party to the legal challenge against Tarpon Towers, noting that the group could not prove a “significantly protectable legal interest.”
“I understand the court’s directive, and I 100 percent agree with its findings,” said Councilman Brian McCann. “We want the cell tower, and we need it.” McCann defended the Council’s initial vote against Tarpon Towers, claiming that the earlier vote was a response to concerns expressed by their constituents, according to The Blade. He noted that part of the concern was because parents questioned the cell tower’s placement on school property, though he did admit that spotty cell phone service in Sylvania has been “frustrating.”
Facing the inevitable, Council President Mark Frye commented, “I am annoyed, like I think many of us are, about the nature of where we are at in regards to being ordered. But we are where we are, and I guess I am going to have to grit my teeth.”
“We do not officially have the building permit yet,” stated Brett Buggeln, President and Chief Operating Officer of Tarpon Towers. “I was not aware that council had approved it. There are still some more steps to go through, and I would not be able to predict at this point when construction will start with any kind of confidence. Once we have the permits, however, our intention would be to move forward immediately.”
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