Verizon wins cell phone tower lawsuit against UG

The telecom company sued the Unified Government, which had tried to get Verizon to place the cell phone tower on the Board of Public Utilities' water tower at 1415 N. 40th.

According to the court documents, Verizon thought the BPU's proposed lease terms were "unacceptable" as "the monthly rent exceeded the market rate for wireless providers in the Kansas City area."

Verizon then tried to build a new cell phone tower on private property in a neighborhood at 1500 N. 38th St. The application for the special use permit for the 120-foot stealth monopole tower, capable of accommodating up to three wireless carriers, was sent back by the UG Commission to the Planning Commission, although it had prior approval from the Planning Commission.

The lawsuit quotes from a later UG Commission meeting, where Commissioner Tarence Maddox made some remarks about residents being concerned about potential radiation coming from cell phone towers. According to UG attorneys, that could not be a factor, according to law, in determining whether or not a cell phone tower could be placed in an area. Commissioners later said they were opposing it for various reasons, including not aesthetically attractive in a residential neighborhood.

U.S. District Judge Eric F. Melgren ordered the UG to approve Verizon's application to construct the cell phone tower at 1500 N. 38th St.

The UG attorney's office stated that the UG will have 30 days from the date of the decision to decide whether to appeal this decision.