Battle over proposed Wapiti cell tower set for 2024 trial

Posted 5/30/23

A dispute over a proposed cell tower in Wapiti may not be resolved until next spring, according to recent court filings.

Horizon Tower LLC wants to build a 195-foot tower to fill a gap in cell …

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Battle over proposed Wapiti cell tower set for 2024 trial

Posted

A dispute over a proposed cell tower in Wapiti may not be resolved until next spring, according to recent court filings.

Horizon Tower LLC wants to build a 195-foot tower to fill a gap in cell service for Verizon and potentially three other carriers. However, Park County commissioners denied a special use permit for the project in February, after hearing concerns from a number of area residents. The board found that the tower was not in harmony with the neighborhood and was likely to have “a significant adverse impact.”

Horizon challenged that decision in Wyoming’s U.S. District Court in March, alleging the commissioners ignored the evidence the company provided and failed to adequately explain their decision. The California-based business contends the county violated federal law by effectively prohibiting the provision of wireless service in the Wapiti area.

The county denies the allegations and has stood by its decision.

In a recent order, U.S. District Court Judge Alan Johnson scheduled the case for an April 2024 bench trial. The case could be resolved before that date through summary judgment or a settlement — though attorneys representing the county and Horizon recently said they “do not believe there is a basis for formal settlement discussions at this time.”

Horizon hopes to build the tower south of the North Fork Highway (U.S. Highway 14/16/20), on a roughly 30-acre parcel of private land that borders some residential properties. As the company’s proposal made its way through the county’s planning process, multiple residents suggested Horizon should find a different location for the tower.

“Nobody is opposed to cell service, it’s where the structure is that’s not in harmony,” County Planning Director Joy Hill said at one hearing.

However, Horizon says placing the tower at a higher elevation would leave gaps in service, covenants prevent the tower from being built in a nearby subdivision and other property owners are unwilling to have the structure built on their land.

Johnson set a June 16 deadline for Horizon to designate any expert witnesses, with the county required to name any experts by Aug. 18. Any motions for summary judgment should be fully briefed by mid-December.

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