Huntley Wins Cell Tower Lawsuit

A federal judge dismissed a lawsuit against the village of Huntley after trustees rejected a company’s plan to erect a 175-foot cell tower.

SBA Towers filed the lawsuit in the Northern District of Illinois, arguing that the village violated a provision of the Telecommunications Act of 1996 after its plan for the cell tower was rejected.

Federal Judge Philip Reinhard issued a ruling April 24 in the village’s favor, its attorney, Mike Coppedge, said. SBA has 30 days to appeal.

SBA approached the board last year asking for a special use permit and for variances to build the cell tower on a Mill Street lot to provide coverage and capacity for Sprint, U.S. Cellular and T-Mobile.

Neighbors objected to the idea of having a cell tower within a residential neighborhood and were concerned about safety and aesthetics.

Huntley officials found SBA’s plan did not meet the required minimum lot area and did not meet a setback requirement of 192.5 feet, according to court records. SBA wanted a 10-foot setback.

Additionally, the proposal was not compatible with the village’s 2010 Downtown Revitalization plan, nor with the residential area, according to court records.

Reinhard’s written decision found the SBA’s arguments were not valid nor did the company argue that the village’s action had “the effect of prohibiting the provision of personal wireless services.” The ruling also stated the 192.5-foot required setback was warranted as a safety precaution for surrounding residents.

The Village Board felt it was not safe to place a tower in a residential neighborhood, Village Manager Dave Johnson said Thursday. The ruling essentially found the village followed the proper procedures in denying SBA’s plan, he said.