District Court ‘Lacks Authority’ to OK AT&T’s Denied Tower, Says City of St. Joseph
The U.S. District Court for Western Missouri “lacks authority and jurisdiction” to grant AT&T’s request for an order approving its revised application for a conditional use permit to build a wireless communications facility in St. Joseph, said the city’s answer…
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Tuesday (docket 5:21-cv-06114) to AT&T’s complaint. AT&T sued the city, alleging its denial of the revised application wasn’t supported by substantial evidence contained in a written record, in violation of the Telecommunications Act. The district court further lacks jurisdiction to grant AT&T’s requested relief “because federal courts have no general power to compel action by state or municipal officials,” said the city’s answer. “Mandamus relief directing city officials to take certain actions is only available for ministerial actions, not discretionary ones like the issuance of a conditional use permit,” it said. The court “should treat this case as moot and decline to exercise jurisdiction,” said the city. AT&T asks the court to order St. Joseph to approve its revised application, but AT&T “has since filed a new application for a different tower at the same location,” it said. AT&T filed a separate lawsuit asking the court to order the city to approve the new application in the same location, but the court can’t “grant relief in both cases,” it said. AT&T also lacks standing “and has failed to allege an injury that is not hypothetical or self-inflicted,” said the city. AT&T “is currently providing wireless services for the same area,” and any injury AT&T might suffer is a consequence of its “own choices regarding available siting options,” not any actions taken by the city, it said. U.S. District Judge Stephen Bough, in an order last Friday, denied St. Joseph’s motions to dismiss AT&T’s complaint (see 2305150037).