APPLETON, WI (WTAQ) – The City of Appleton has learned it has lost a state lawsuit filed by a major cell phone provider.
Appleton was informed earlier this week of the ruling in the suit filed by Verizon last August.
Verizon’s action came roughly one month after the Appleton Common Council rejected a special use permit that would have allowed the company to construct a cell tower on the 2700 block of Kesting Court, just south of Northland Avenue.
Mayor Tim Hanna says the property fronts Mead Street and also touches Kesting Court.
It is surrounded by residential properties on the east, south, and west.
The tower would have been roughly 30 feet from the nearest house.
Once word got out of Verizon’s request, a group of residents voiced opposition to city leaders.
Hanna says the lawsuit’s result comes as little suprise.
“We really didn’t have a legal leg to stand on. We can work with them on their screening and landscaping but in terms of siting, if it meets the requirements that are in state statute, we don’t have any higher level of review, than what’s in state statute.”
In recent legislative sessions, Hanna says lawmakers have limited municpalities’ ability to restrict cell towers to reasons like safety and public health.
“There were some cities that were holding cell companies hostage, saying ‘you have to pay the city,’ ‘you can only locate on public property.’ If I’m a cell company, that’s disconcerting. But I think it was an overreaction on the part of the legislature, who didn’t seek input from local governments, who may have been more reasonable.”
If the cell company meets state guidelines, he says the city’s opinion is essentially useless.
“I’m proud of the council. They were told we probably didn’t have good reason to deny the permit, but they did anway. They listened to their constituents.”
However, Hanna says they are not opposed to cell towers in Appleton.
“We want to work with the companies. We know that cell reception is important to our citizens, but not at the expense of safety or aesthetics.”
Hanna believes this ordeal has caught the eye of some Madison lawmakers and hopes to see changes to state statute in the near future.
As for what’s next, Hanna says it depends on when Verizon wants to obtain the permit from the city and begin construction.
