KOOTENAI COUNTY, Idaho — Kootenai County is facing a federal lawsuit from AT&T after it nixed a proposed cell tower off Potlatch Hill Road.
The lawsuit, originally filed last year in U.S. District Court for the District of Idaho, challenges Kootenai County’s denial of AT&T’s application for a conditional use permit to build a wireless communication tower.
The board made a split decision in October 2022 to approve the permit for landowner Thomas Ingle, AT&T and SmartLink to build a “wireless communications facility to provide the latest 5G and 4G LTE technology.” AT&T asserted the tower would increase the coverage area by 20 miles.
The proposed 150-foot lattice tower had received overwhelmingly negative feedback from neighbors. After Commissioners Bill Brooks and Chris Fillios voted to approve the cell tower, with Leslie Duncan casting the dissenting vote, a group of 47 neighbors requested reconsideration.
In January 2023, newly elected Commissioner Bruce Mattare cast the deciding vote to kill the project.
AT&T contends in court filings that the county’s denial was unlawful, not based on substantial evidence and in violation of Idaho’s land use statutes regarding the procedure on motions for reconsideration.
To read more from our news partner the Coeur d'Alene Press, click here.
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