TOWN OF FOND DU LAC, WI (WTAQ-WLUK) – U.S. Cellular will be allowed to build a cell phone tower in the town of Fond du Lac because the town failed to follow the law when attempting to deny a permit for the project, a state appeals court ruled Wednesday.
United States Cellular Operating Company decided it didn’t want to rent space on another company’s tower, so it sought a conditional use permit for a new tower in the town of Fond du Lac.
After reviewing the project, the town’s Planning Commission and the Town Board voted against the project. However, the town never provided written notice of the decision, as required by law.
U.S. Cellular filed suit, with a circuit judge rejecting the claim, saying the town “substantially” complied with the law in how it provided notice.
U.S. Cellular appealed, and in a 29-page decision issued Wednesday, the Court of Appeals overturned the lower court’s decision.
Simply put, there is nothing overtly complicated or confusing about this language—it explains in four simple steps that a political subdivision must review the application, make a decision, notify the applicant of the decision in writing, and identify the substantial evidence relied upon if the application is disapproved,” the decision states. “Here, the Town clearly failed to comply with those requirements, and the circuit court erred as a matter of law in concluding otherwise. Accordingly, US Cellular is entitled to approval of its CUP application by operation of law based on 66.0404(2)(d)’s plain language.
The appeals court ordered the circuit court to enter a ruling granting the permit.
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