Communications companies sought judicial review of decision by city council which denied companies’ application for special-use permit to construct cell-phone tower.
Both parties moved for summary judgment.
The District Court held that:
- City council failed to set forth contemporaneous written reasons which were stated clearly enough to enable judicial review, as required by the Telecommunications Act (TCA);
- Substantial evidence did not support denial based on local height restrictions;
- Substantial evidence did not support denial based on alleged negative impact on property values;
- Companies demonstrated that denial of application would result in significant gap in personal wireless service coverage;
- Companies demonstrated that they inquired into feasibility of alternative site locations; and
- Order requiring city council to approve application was warranted.