case study

Telecommunications / Land Use Approval for Cell Tower

Issue:

A longtime client of Miller, Miller & Canby attorney Sean P. Hughes, Esq. needed legal assistance to gain land use approval for a wireless infrastructure facility (cell tower) in a new jurisdiction for the client.

Goal:

The project required receipt of a legal land use variance from the County’s zoning ordinance through a public hearing before the County’s Board of Appeals.

Success:

The matter received much media, governmental and community attention leading up to the public hearing. At the multi-hour hearing, Sean navigated the legal requirements as well as strong neighborhood opposition to achieve unanimous approval from the Board of Appeals.  An opponent of the project filed an appeal of the variance to the County Circuit Court. Cathy Borten collaborated with Sean on the legal research and writing of the legal brief filed in reply to the opposition with the County’s Circuit Court. Shortly after Cathy and Sean’s brief was filed, the opposition withdrew its appeal and the wireless tower was constructed. Today the facility houses multiple wireless providers’ state of the art equipment enabling enhanced broadband services to the area residents and businesses for essential, non-essential and emergency communications.

DISCLAIMER: THE CASES AND RESULTS DESCRIBED HEREIN ARE REPRESENTATIVE OF PAST RESULTS OBTAINED BY MILLER, MILLER & CANBY, AND ITS ATTORNEYS. PAST CASE RESULTS DO NOT GUARANTEE FUTURE RESULTS. ALL CASES ARE DISTINCT AND HAVE UNIQUE FACTS, CIRCUMSTANCES AND LEGAL QUESTIONS THAT MUST BE CONSIDERED AND EVALUATED ON THEIR OWN MERIT.