Comms outfit says 'think of the children' isn't a legal reason to reject application
T-Mobile US is taking the borough of Wanaque in New Jersey to court for refusing to approve the company's plans to build a cell tower. filed last week, T-Mob accused the Wanaque borough of rejecting its application to build a cell tower on invalid grounds. The cell tower in question is to be built on part of the borough's local high school, per the terms of a 25-year lease T-Mobile successfully bid for back in 2009.
The complaint says problems started soon after. T-Mobile was asked the following May by the borough's financial consultant to consider other locations for the cell tower. T-Mobile rejected this, arguing that the municipality couldn't make this kind of request when it involved a telecommunications building.
Over the next few months, T-Mobile went back and forth with the local government until October, when the borough council finally approved the lease.According to the telecoms giant, this wasn't the end of it. The planning board finally held a public meeting in December, where T-Mobile presented its case that adding another cell tower would fill in a deadzone in Wanaque.
In January, the board and T-Mobile held another meeting, which was contentious since the board's lawyer wanted to call an expert witness that would testify about public safety. To T-Mobile, that sounded awfully like the expert would be discussing health concerns, so it once again argued that such reasoning wasn't legally relevant to the approval. The lawyer assured the phone company that his witness would only discuss"alternative technologies.
The three who had voted against the application made the classic argument of saying the cell tower would be dangerous for children, the complaint stated."My answer is no, I don't think it's a good idea," one board member said."I worry about the kids."
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