AT&T Files Second Summary Judgment Motion in Ill. Small-Cells Case

AT&T wants the U.S. District Court for Southern Illinois in East St. Louis to vacate and reverse the denial of Monroe County, Illinois, officials of AT&T’s application for zoning approval of a small-cells wireless communications facility, said the carrier Friday in its second motion for summary judgment (docket 3:20-cv-01327). The county’s decision-making process violated portions of the Illinois Counties Code governing approval of the telecommunications facilities, particularly the code’s “timeliness requirements,” said the motion. The court previously denied AT&T’s motion for summary judgment, but granted AT&T leave to amend its complaint regarding the timeliness of the county’s decision to deny the application, it said. AT&T filed that amended complaint Oct. 15, alleges the county’s decision violates the Illinois Counties Code because the county failed to act on the application within 75 days after its submission, and therefore the application “must be deemed approved,” it said. Monroe County argues its zoning ordinance blocks AT&T from installing a tower since the carrier would have a storage facility on the site. The county's law says that no public office or principal repair or storage facilities may be maintained in connection with the site. Across the U.S., the wireless industry continues to litigate against some localities while settling with others over denied small-cell applications (see 2210170036).