Cell tower case between city of Walla Walla v. AT&T put on hold

By on Tuesday, November 5th, 2024 in Columbia Basin News More Top Stories

WALLA WALLA โ€“ The case concerning a proposed 65-foot cell tower between the city of Walla Walla and AT&T has been stayed, according to Walla Walla City Attorney Tim Donaldson.

Donaldson said the stay by U.S. District Court Judge Stanley A. Bastian allows AT&T to pursue co-location of its proposed cell tower at a site located at Russell Creek and Depping roads rather than the Blue Mountain Community Church site at 928 Sturm Avenue.

The case is stayed until Feb. 28, 2025. A bench trial was originally scheduled to begin a week from today (Nov. 12) at the federal courthouse in Richland.

In November 2023, after hearing from AT&Tโ€™s representatives, city employees, and residents, the hearing examiner denied the projectโ€™s conditional-use permit for construction, operation and maintenance of a wireless telecommunications facility consisting of a 65-foot faux pine tree and accessory equipment. The city served notice of final decision on the application in November 2023.

AT&T filed a lawsuit in December 2023 against the city of Walla Walla in federal court claiming the city violated the Telecommunications Act by denying a conditional-use permit for a cell tower on property owned by the church. In the lawsuit, AT&T claimed the cityโ€™s denial prevents the wireless company from providing necessary wireless services. It further contends that the city should have provided an alternate site if the area it proposed didnโ€™t meet requirements.