AT&T, Lane County Seek April 1 Discovery Deadline in Tower Dispute

Plaintiff AT&T and defendant Lane County, Oregon, propose that fact discovery be completed by April 1, and dispositive motions be filed by June 1, they said Tuesday in a joint Rule 26(f) report (docket 6:22-cv-1635) in U.S. District Court for Oregon in Eugene. AT&T alleges it has been trying for more than a year to place a 150-foot-tall cell tower on a five-acre parcel of land in western Oregon to improve local wireless services, but the county denied approval of the proposed facility in violation of the Telecommunications Act (see 2210260009). The county responded by saying AT&T failed to exhaust its “administrative remedies” under local Oregon law (see 2211180029). AT&T and the county agree the lawsuit “likely will be suitable for resolution on summary judgment and, if not, that a summary judgment ruling may significantly affect the scope of any issues to be tried,” said the Rule 26(f) report. They asked that any further dates on the calendar be set after the court’s ruling on their anticipated summary judgment motions.