T-Mobile has dropped a lawsuit against Johns Creek after the city claimed the company's application for a cell tower on Rogers Circle carried the wrong property owner's signature.
The agreement to dismiss the case recently ends a six-month fight over construction of a 134-foot cell tower on Rogers Circle in one of the city's most rural areas.
The application had generated an outcry from close to 800 residents, who had either signed petitions, phoned, e-mailed or visited the City Council last October before the application was denied.
T-Mobile filed suit in U.S. District Court in November claiming it had performed all the studies and met all requirements set out in the city's ordinance, including all conditions for landscaping and buffers recommended by the city staff.
The company said the council's decision was made in bad faith and has caused it unnecessary trouble and expense.
But attorneys for Johns Creek argued the application for the tower was invalid because T-Mobile filed it five hours after the Rogers Circle property owner, Frances S. Moore, had died. The application, filed July 5, 2010, included the signature, dated May 5, 2010, of John W. Moore III, who had power of attorney for Mrs. Moore. But that power ended upon Mrs. Moore's death.
The city argued the land was willed to Young Harris College and became its property on that day.
Jay Stroman, vice president for advancement at Young Harris, told city officials during public hearings that the college is committed to maintaining the property's value, and a cell tower could diminish its worth by as much as half.
Johns Creek Mayor Mike Bodker welcomed T-Mobile's decision to drop the suit.
"We felt like we made the right decision during the zoning case," he said. "We felt like we had a strong case to support our decision, and we're glad ultimately T-Mobile thought our way."
Attorneys for T-Mobile did not respond to requests for comment.
About the Author
