Zanesville Officials Respond to Tower Lawsuit

In March, the Zanesville, Indiana, Town Board voted to deny Skyway Towers’ request to install a cell tower near the Lions Club park. Skyway Towers submitted the application on behalf of Verizon. In April, the company filed a lawsuit asking a federal judge to overturn the decision claiming the Federal Communications Act requires that nothing be allowed to prohibit “the provision of personal wireless services.” This week the Board responded to the lawsuit explaining that while they did deny the application, they did not prohibit personal wireless service. The Journal Gazette reported, “Four potential properties were identified, and Skyway officials went about trying to negotiate a lease that would allow them to build their tower. At the end of the process, the Zanesville Lions Club agreed to let the company lease an 80-square-foot piece of property. Skyway asked the Wells County Plan Commission to recommend that the town rezone the property, which was zoned as residential. In spite of the commission’s favorable recommendation, the town denied the rezoning request, according to court documents.” The town attorneys deny that there is a blanket prohibition on wireless facility construction, and deny that there is a significant gap in coverage. “In their response, town attorneys argue that their denial of the rezoning did not prohibit wireless communication services, that they relied on the valid zoning regulations, and that Skyway lacked the standing to sue under the Federal Communications Act because it was the petitioner who was denied the zoning variance, according to court documents,” the Journal Gazette reported.