Smith Commc’ns, LLC v. Washington Cnty.

Smith sought a conditional use permit (CUP) to build a 300-foot-tall cellular tower on a Washington County site zoned "Agriculture/Single-Family Residential." There are homes within one-quarter of a mile of the site. The Zoning Code authorizes a CUP upon findings: That the proposed use is compatible with the surrounding area; will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; and will not be injurious to use and enjoyment of other property in the area for purposes already permitted, nor substantially diminish and impair property values within the area. The Planning Board approved the application. Neighbors appealed to the Quorum Court with arguments focused on "safety," "property values," the tower's "fit" with the area, proximity to their homes, and having purchased their homes specifically because of the surrounding scenery and views. Hearing participants discussed cellular phone reception; potential safety issues, particularly in inclement weather; proximity to residences; and impact on nearby residents' views and property values. The application was rejected. The district court and Eighth Circuit affirmed, rejecting arguments that Washington County failed to provide a legally adequate explanation of its reasons for denial and that the denial was not based on substantial evidence in violation of the Telecommunications Act, 47 U.S.C. 332(c)(7)(B). View "Smith Commc'ns, LLC v. Washington Cnty." on Justia Law