American Tower filed suit against the town of Cary, N.C. last week, because it rejected a proposed 160-foot tower, according to the News & Observer of Raleigh.
The town’s planning director had recommended a 140-foot structure after its wireless consultant, CityScape, claimed that the carrier could use a smaller tower.
AT&T, the tower’s anchor tenant, needs 160 feet AGL to provide sufficient coverage, the tower company asserted, and the town’s staff members failed to follow an ordinance that limits towers to 350 feet in height. In rejecting the tower, they were “arbitrary, capricious and oppressive.” The planning director countered that is was a “reasonable request” based on the public’s aesthetics concerns.
After appealing the decision to the town’s zoning board of adjustment and losing, American took the matter to Wake County Superior Court.