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T-Moblie sues Johns Creek


December 10, 2010
Johns Creek – After denying T-Mobile's special use permit application to build a cell tower, the city of Johns Creek was served with a lawsuit from the telecommunications provider in late November.

Johns Creek City Council unanimously denied the application for the proposed 134-foot cell tower on Rogers Circle at a meeting in October. City Council members voiced concerns about the tower, citing that it's inconsistent with Johns Creek's Comprehensive Plan. Concerns were also raised over the possibility of depreciating the area's historical value.

Applicant Lannie Greene, of T-Mobile, requested the special use permit to build the tower on the property zoned AG-1. The property belonged to Frances Green Moore, and Greene received permission from Moore's son, who had power of attorney. But on July 6, the same day Greene applied for the rezoning, Frances Moore died. The land was then transferred to Young Harris College, which became trustee of the property. Jay Stroman, a representative of the college, spoke in opposition of the rezoning at the October City Council meeting.

T-Mobile's goal in erecting the cell tower is to help eliminate an average of 7,441 dropped calls a month. At the October rezoning hearing, T-Mobile representatives said they looked into other potential cell tower sites, including a park in Duluth and River Trail Middle School, but those locations would not work from a coverage standpoint.

The court filing stated, "Despite the undisputed evidence of record demonstrating that the proposed tower as submitted meets or exceeds all requirements of the ordinance, the application was denied."

T-Mobile also said in the court filing that it has "suffered and continues to suffer substantial detriment and damages as a result of the actions of the defendant" and it has caused T-Mobile "unnecessary trouble and expense."

The city of Johns Creek does not comment on pending litigation.

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