T-Mobile has filed a request for a building permit to construct a long-planned cell phone tower on United Methodist Church property. In response, the city has asked a court to issue an injunction to stop the permit.
Mayor Dean Maxwell said that on October 1, the city asked the Ninth Circuit Court of Appeals to to issue an emergency injunction within 21 days to allow the city to hold off on issuing the building permit for the time being.
The delay would allow time while the court considers the issue of federal pre-emption of local control in the siting of telecommunications facilities in another case.
The city and some area residents have long opposed construction of the 119-foot T-Mobile monopole cell tower on the church property, saying it’s not appropriate in a residential area.
Earlier this year, the city enacted an interim ordinance which would give the city at least some control over the location of the tower. Federal law allows local zoning in the siting of cell towers, but courts have issued a series of decisions which limit local authority.