The Beechmont Neighborhood Association and two residents have filed suit against the Louisville Metro Planning Commission over a 154-foot cell-phone tower it approved to be built at St. John Vianney Catholic Church.
The suit, filed in Jefferson Circuit Court on Wednesday, April 15, alleges that the commission "failed to properly consider the facts, acted arbitrarily and capriciously, and rejected … evidence that the tower would negatively impact the surrounding homes and neighborhood."
The residents also claim the T-Mobile tower would be visible about 50 feet above the tree line and wouldn't enhance area cell service because there are multiple cell towers within a mile of the church, 4839 Southside Drive.
The suit seeks a reversal of the commission's March 19 decision.
Bill Patteson, spokesman for the Jefferson County Attorney's office, refused to comment on the case, saying he couldn't comment on pending litigation.
The church isn't in Beechmont, but the neighborhood association's boundaries includes residences across Southside Drive from it. Residents Matthew Coulston and Melissa Starck-Bean, plaintiffs in the suit, live on Second Street about two blocks from the church.
Corey Koellner, the association's president, said it feels the tower "would be an intrusion and an eyesore that would detract from the property value of the homes around it."
Church officials have said the tower would raise $900 a month from T-Mobile and would have the capacity to add three other cell carriers. The church's pastor, the Rev. Anthony Chinh Ngo, told the commission that there are many immigrant residents near the church who cannot get cell phone reception.
The commission approved T-Mobile's request to build the tower after Beechmont residents appealed the Metro Development Review Committee's original decision during hearings on Jan. 21 and Feb. 4. No residents attended either meeting, although city officials received several e-mails opposing the tower based on its appearance.
Beechmont residents have said they could not attend the previous hearing in front of the Development Review Committee on Feb. 4 because they were still dealing with the aftermath of January's ice storm. And they said they weren't notified of the original meeting on Jan. 21.
Paul Whitty, an attorney representing T-Mobile, told the committee during the hearings that the company is required by the Federal Communications Commission to provide service to all customers. Using maps, he showed them how the new tower would fill in gaps in their coverage area, especially when users are indoors.
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Beechmont group sues over cell-tower plan at church
Source: Louisville Courier-Journal
Date: 04/18/2009
