T-Mobile sues over cell-tower rejection

T-Mobile is alleging the city violated federal regulations and its own ordinance by denying a wireless cell tower in a residential neighborhood in a lawsuit filed in April.

T-Mobile West Corporation filed a lawsuit April 17 in the U.S. District Court in Santa Ana after the City Council denied the company a conditional use permit for a cell tower on the Community United Methodist Church’s property at Heil Avenue near Edwards Street.

The council denied the permit March 15, upholding the Planning Commission’s determination that it would be detrimental to residential property values and unnecessary to fill a coverage gap, block the view for residents and be incompatible with the area’s uses.

T-Mobile contends that the council’s reasons for denial lack evidence and are a “pretext� for health concerns about radio frequency emissions, which violate the federal Communications Act of 1934, according to the lawsuit.

The company is asking the court to allow it to continue with the proposal.

The proposal would have allowed a 55-foot cell tower disguised as an existing bell tower at the church with all equipment buried underground.

The tower is needed “to fill an identified significant gap in T-Mobile’s ‘in-home’ residential coverage, as well coverage in public parks near the intersection of Heil Avenue and Edwards Street,� according to the lawsuit.

Residents surrounding the church spoke out against the proposal, circulating a petition and picketing the church on Sundays over concerns about the tower being an eyesore and impacting their health and property values.