Cell tower case between Walla Walla and AT&T dismissed

WALLA WALLA – The lawsuit concerning a proposed cell tower between AT&T and the city of Walla Walla has been dismissed. AT&T plans to locate an antenna in Walla Walla County at Russell Creek and Depping roads, rather than the Blue Mountain Community Church site at 928 Sturm Avenue.

Attorneys representing AT&T, the city and Barbara and Everett Knudson, who opposed the proposed cell tower in their neighborhood, agreed to dismiss the case with prejudice, meaning the case is permanently dismissed and cannot be refiled.

U.S. District Court Judge Stanley A. Bastian dismissed the case on Thursday, Jan. 9 without an award of costs or attorney’s fees to either party.

City Attorney Tim Donaldson said the parties bear their own costs. He adds that the dismissal of the lawsuit means that the city hearing examiner’s denial of a construction permit at the church site stands.

In November 2023, the hearing examiner denied AT&T’s request for a conditional-use permit for a 65-foot faux pine tree wireless facility after input from city officials and residents. In December 2023, AT&T sued the city of Walla Walla, claiming the denial violated the Telecommunications Act of 1996.

A bench trial was originally scheduled for Feb. 28 at the federal courthouse in Richland.

File photo of proposed tower

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