Kootenai County sued over Potlatch Hill cell tower denial
After commissioners approved a cell tower off Potlatch Hill Road in late 2022, dozens of community members asked the county to reverse the decision.
KAYE THORNBRUGH/Press file
COEUR d’ALENE — Kootenai County is facing a federal lawsuit from AT&T after it nixed a proposed cell tower off Potlatch Hill Road.
The lawsuit, originally filed last year in U.S. District Court for the District of Idaho, challenges Kootenai County’s denial of AT&T’s application for a conditional use permit to build a wireless communication tower.
The board made a split decision in October 2022 to approve the permit for landowner Thomas Ingle, AT&T and SmartLink to build a “wireless communications facility to provide the latest 5G and 4G LTE technology.” AT&T asserted the tower would increase the coverage area by 20 miles.
The proposed 150-foot lattice tower had received overwhelmingly negative feedback from neighbors. After Commissioners Bill Brooks and Chris Fillios voted to approve the cell tower, with Leslie Duncan casting the dissenting vote, a group of 47 neighbors requested reconsideration.
In January 2023, newly elected Commissioner Bruce Mattare cast the deciding vote to kill the project.
AT&T contends in court filings that the county’s denial was unlawful, not based on substantial evidence and in violation of Idaho’s land use statutes regarding the procedure on motions for reconsideration.
The lawsuit asks the court to declare that AT&T is entitled to approval of the proposed cell tower pursuant to its application, as well as judgement that the county’s actions are void and valid.
“Federal law limits the ability of local governments to block installations of facilities such as the one proposed by AT&T, based on nationwide goals of promoting widespread availability of advanced, reliable wireless services,” AT&T’s complaint said in part.
AT&T argues that the county’s denial violates the Telecommunications Act of 1996, which prohibits local governments from denying an application for a wireless communications facility when doing so would “prohibit or have the effect of prohibiting” the provision of wireless telecommunications services.
“The county has effectively prohibited AT&T’s installation of telecommunications and personal wireless service facilities,” the complaint said. “The county’s denial is not based on substantial evidence. The county acted without jurisdiction and abused its discretion in denying AT&T’s application and its actions were arbitrary and capricious.”
Kootenai County denied the allegations in court filings, arguing that AT&T has not demonstrated a “significant service coverage gap” in the vicinity of the proposed cell tower.
Legal counsel for Kootenai County has asked the court to dismiss the complaint with prejudice and award court costs.
Soon after the complaint was filed in federal court, the Potlatch Neighborhood Group and five individuals filed a motion to intervene, seeking to join the county in defending its denial of AT&T’s application.
Though Potlatch Neighborhood Group and the individuals showed they “played an important role in convincing the county to reconsider its decision approving the CUP application” and thus have a “significant protectable interest” related to the case, the court denied the motion to intervene because the group failed to show the county will not adequately represent its interests.
In December, U.S. District Court Judge Amanda Brailsford granted a motion to vacate and reset certain dates and deadlines associated with the case. The first upcoming deadline, for dispositive motions, is set for March 29.