Columbus, mayor and council sued after denying T-Mobile cell tower. What to know
An Atlanta-based communications infrastructure company is suing Columbus, Mayor Skip Henderson and members of the Columbus Council after councilors blocked the company’s attempt to build a T-Mobile cell tower near Interstate 185 and Edgewood Road.
Municipal Communications III, LLC filed the civil lawsuit earlier this month in the Middle District of Georgia. Municipal alleges Columbus and its leaders violated portions of the Federal Telecommunications Act of 1996 when it denied the company’s requests. The company wants a federal court to rule that the tower be built.
“As with all zoning amendment applications, the zoning amendment request in this case was duly considered by Council and the public was given an opportunity to be heard,” said Henderson in a statement provided to the Ledger-Enquirer by attorney James Clark Jr. “After hearing the applicant and the opposition of the public, including nearby residential neighbors, Council appropriately denied the request”.
Municipal seeks to place wireless antennas and a 150-foot concealed support structure on a lot owned by the Columbus-Fort Benning Shrine Club. The company acquires property rights and builds towers and support structures for FCC-licensed wireless carriers.
T-Mobile has 37 operating antennae facilities in the city, but a new one was needed to close the mobile provider’s “significant coverage gap” near Edgewood Road, according to lawsuit.
Municipal applied for rezoning and a special use exemption to build the wireless tower and antenna facility at the shrine club lot after T-Mobile could not find another suitable property. Columbus Country Club, Clubview Elementary School and Richards Middle School did not want the tower built on their property, according to the lawsuit.
The Columbus Council voted on Jan. 11 to deny the Municipal’s zoning application. Columbus City Attorney Clifton Fay did not introduce the special exemption use application. He told councilors the measure “has been mooted” by the denial of the rezoning, Municipal alleges.
Municipal said it submitted the necessary information, and that the city’s Planning Department and Planning Advisory Council recommended approval.
According to the lawsuit, the company alleges its constitutional due-process and equal protection rights were denied. Municipal alleges the city failed to meet the federal requirements. The decision was not in writing and was not supported by “substantial evidence.”
The lawsuit also states the rezoning denial did not make the special exemption request moot. City code would allow the shrine club’s lot to have concealed support structures like the cell tower. Municipal alleges the city’s inaction on the exemption “constituted a failure to act within a reasonable period of time.”
The company alleges the city’s actions prohibit T-Mobile from providing wireless services, and that the city has allowed other wireless providers to close gaps in their network.
This story was originally published February 22, 2022 at 9:26 AM.