Vertical Bridge Sues W. Va. Town for Denying Cell Tower Application for 'Minor' Site

The Jefferson County, West Virginia, planning commission's denial of Vertical Bridge's application to build a 100-foot monopole cell tower violates the Telecommunications Act, alleged Vertical Bridge's complaint Thursday (docket 3:23-cv-00171) in U.S. District Court for Northern West Virginia in Martinsburg. The county’s “improper and arbitrary" denial of Vertical Bridge’s application wasn't based on substantial evidence in the written record, as the TCA requires, and “amounts to an effective prohibition of enhanced cellular service,” also in direct violation of the statute, said the complaint. Vertical Bridge complied with all applicable federal, state and local requirements for communications towers, after a wireless carrier engaged Vertical Bridge to locate, construct and operate a cell tower in Jefferson County to “resolve a gap in coverage” around Shannondale and to “improve its overall network,” the complaint said. Vertical Bridge evaluated six sites and decided the Lakeside Dr. property was the “ideal location” for building the proposed tower, which complies with county code, it said. Vertical Bridge submitted an application for the tower concept to the planning commission April 26. On May 5, Vertical Bridge’s application was deemed compliant by planning staff provided an FCC license was submitted; the company then submitted the FCC license, and a staff report indicated the application was complete based on information about criteria in the subdivision regulations and zoning ordinance. At a public hearing June 13, members of the public voiced various objections to approval of the “minor site plan,” the complaint said. Despite having no discretion to deny the application because it complied with the county code, the planning commission did, in fact, deny the application. Vertical Bridge requests that the court issue an order declaring the denial of its application isn’t supported by “substantial evidence” in the written record, in violation of the Telecommunications Act, plus an order declaring Vertical Bridge’s right to approval of its application. It also seeks an order reserving jurisdiction to the court to resolve any issues between the parties regarding further permit issues.