Judge Denies St. Joseph’s 2 Motions to Dismiss AT&T’s Cell Tower Complaint
U.S. District Judge Stephen Bough for Western Missouri denied the two separate motions of the city of St. Joseph to dismiss AT&T’s cell tower complaint for lack of jurisdiction and for failure to state a claim, said his signed order…
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Tuesday (docket 5:21-cv-06114). The court said “it has jurisdiction over this case” and AT&T’s claims “are adequately stated.” AT&T alleges the city’s denial of an application to build a 175-foot cell tower to promote continuous wireless coverage in the municipality wasn’t supported by substantial evidence contained in a written record, and effectively prohibits the provision of personal wireless services in the vicinity of the proposed tower.