HistoricOmaha

Omaha World Herald
Published Wednesday May 3, 2006

BY JOSEPH MORTON

U.S. Cellular is calling on a federal judge to allow the company to build a cell tower north of Dundee.

The Omaha City Council last month denied U.S. Cellular’s request for a permit to build the tower after neighbors voiced concerns about potential health risks and the aesthetic impact on the area.

That denial represented a violation of federal telecommunications law, according to the lawsuit the cell company filed Monday in U.S. District Court.

The proposed tower would be in the parking lot of a church at 1502 N. 52nd St. and be constructed to look like a bell tower.

The company states in the suit that it provided the city with “uncontradicted evidence establishing its right to a special use permit for the church site.”

The company alleges that the council failed to support its decision with “substantial evidence” as required by federal law and that its rejection of the permit unreasonably discriminates against U.S. Cellular.

Councilman Jim Suttle detailed a case against the tower during last month’s council meeting. He said that the structure was incompatible with a residential neighborhood and that U.S. Cellular failed to demonstrate a need for it.

The company has maintained that the tower is necessary to address a significant gap in its coverage and that the city has approved similar towers in residential areas.

“We expected the lawsuit after the cell tower was turned down,” Omaha City Attorney Paul Kratz said Tuesday. “However, the city will vigorously defend its position in court.”

Bellevue, Valley and Fremont all have been sued in recent years by cell phone companies after rejecting towers. Bellevue went to trial and lost, while the two others settled out of court.

Towers were built in all three cities. Omaha city attorneys said Tuesday they could not recall Omaha being sued previously over the rejection of a cellular tower.

Omaha.com: Cell company asks judge to allow tower