WASHINGTON – The Supreme Court is taking up a dispute over what kind of explanation local officials must provide when denying an application to build a cellphone tower.
The justices agreed Monday to hear an appeal from T-Mobile South, which claims the city of Roswell, Georgia, did not adequately justify its refusal to allow construction of a 108-foot tall cell tower.
Federal law requires denial of a cellphone tower permit to be “in writing” and supported by substantial evidence. The 11th U.S. Circuit Court of Appeals held that Roswell satisfied that requirement by issuing a general denial letter and a transcript of hearings.
T-Mobile says the written decision must include the specific reason for denial. The company wants the high court to resolve a split in circuits on the issue.