AT&T Presses Its Case for Summary Judgment vs. Ore. County Over Disputed Cell Tower
There’s “no dispute” about what legal standard the court should apply to AT&T’s claim that authorities in Lane County, Oregon, unlawfully prohibited the provision of wireless services when they denied AT&T’s application to build a new cell tower, said AT&T’s…
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reply memorandum Thursday (docket 6:22-cv-01635) in U.S. District Court for Oregon in Eugene in support of its motion for summary judgment against the municipality. Lane County also moved for summary judgment against AT&T (see 2307070016). AT&T’s motion asks the court to rule that AT&T has a significant service coverage gap, and that the proposed cell tower “is the least intrusive means for closing that gap,” it said. AT&T proved the existence of a gap, it said. It also submitted evidence of its “exhaustive search for an alternative location and shown how there are no other locations available or feasible that will close that gap,” it said. AT&T proved this “via evidence provided at the administrative level and evidence submitted in support of its motion,” it said. The county “submitted zero evidence in response,” said AT&T. It instead “offered factual misrepresentations regarding the administrative record and distracting and unconvincing legal arguments,” it said.