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Southwest Bell Mobile Systems, Inc. v. Todd

Town zoning board can deny a permit to a telecommunications carrier seeking to construct a 150-foot tall tower. In keeping with the Telecommunications Act of 1996, substantial evidence supported the zoning board's finding that the tower would have more than a minimal visual impact under local land use laws.

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Reginald C. Lindsay, U.S. District Judge]

On September 10, 1998, the Zoning Board of Appeals for the Town of Leicester, Massachusetts (the Board), voted unanimously to deny Southwestern Bell Mobile Systems, Inc.’s application for a special permit to construct a 150-foot high lattice telecommunications tower. Shortly after this denial, Southwestern Bell filed the present action in the district court, claiming, among other things, that the Board’s decision was not supported by “substantial evidence contained in a written record,” as required by the Telecommunications Act of 1996 (the TCA or the Act), and asking the district court to order the Board to issue the special permit. See 47 U.S.C. � 332(c)(7)(B)(iii). The district court disagreed and granted the defendants’ motion for summary judgment. Southwestern Bell appeals from that judgment. Because we conclude that the record contains substantial evidentiary support for the Board’s denial of the permit application, we affirm.

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