City Attorney Ian Munce told the City Council on Monday that the city still has a chance to win the match with T-Mobile, which won a court ruling which overturned the city’s refusal to allow a cell tower in a residential area.
Munce told the Council that several factors make a positive outcome for the city a possibility. One is that the full Ninth Circuit Court of Appeals will hear a similar case which the Federal Judge who ruled in favor of T-Mobile relied on. Munce also said the cities of Tacoma and Portland have asked Anacortes to jointly file an amicus brief and throw in $1,000, in addition to $10,000 each they have allocated for legal fees.
Munce said Representative Jeff Morris has asked the state Attorney General’s office to also file a brief on Anacortes’ behalf. And, he said the stay the city requested in the T-Mobile case wasn’t denied outright. He said he expects to hear in a few days on whether the stay was granted.
T-Mobile asked for a permit to construct a 116-foot monopole cell tower on the property of the United Methodist Church. The City Council enacted an emergency, interim ordinance requiring certain minimum standards for construction of cell towers in residential areas, including a 200-foot setback from the property line.