Subject: [NEXTEL-1] La Mesa capitulates in antenna suit- Sprint can use residential area

From: [email-masked]
Date: Thu, 15 Apr 2004 13:06:23 -0400

La Mesa capitulates in antenna suit- Sprint can use residential area
By Liz Neely
UNION-TRIBUNE STAFF WRITER
April 7, 2004

LA MESA – The city has settled a lawsuit with Sprint PCS, allowing the
company to install a cell phone antenna in a residential neighborhood.
Sprint sued La Mesa last year after the City Council denied its request
for a conditional-use permit. Sprint wanted to construct the antenna
inside a flagpole at a private residence on Woodland Drive.

If the case had gone to trial, chances are slim La Mesa would have
prevailed, city officials said yesterday.

"We fought the good fight," said Mayor Art Madrid. "We had what I would
consider a very long-shot opportunity of winning." Cities have gone to
court over such issues before. Carlsbad, for instance, is locked in
litigation with AT&T Wireless. A federal court judge last year ordered
the city to allow the antennas in a residential neighborhood. Carlsbad
is appealing the decision.
The federal Telecommunications Act bars local governments from denying
applications based on fears over radio frequency emissions, or th e
appearance of the equipment.

"I know there are folks out there that believe we should have tested
that," said Councilman Barry Jantz. "It's not only the act, but court
decisions that have come down that show we would lose."

The news was frustrating for Woodland Drive residents who fought the
plan. They say the equipment will bring down property values and set a
precedent, allowing cell phone antennas all over the city.

In August, La Mesans packed a council meeting to speak against the
proposal and submitted a petition with 200 signatures.
Yesterday, Woodland Drive homeowner Pieter Boersma said he didn't
understand why the council voted against the proposal if it wasn't
willing to go to court.  "You have this horrible feeling in the pit of
your stomach that no matter what you say, no matter what you do, no
matter how you organize, it's all for nothing," Boersma said.

It is unclear if Sprint plans to install the antenna on the same
property. A company spokeswoman could not be reached for comment.
Sprint operates more than a dozen antennas in La Mesa, but they are all
in commercial or industrial zones. The company has said it re-evaluated
other potential, nonresidential sites, but determined that the only
viable locations were in residential neighborhoods.

http://www.signonsandiego.com/news/metro/20040407-9999-news_1m7sprint.html

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