A legal error by the Town of Fond du Lac has resulted in the approval of a permit to build a cell phone tower.
A decision in the Wisconsin Court of Appeals for District Two filed yesterday (February 12th) has approved a conditional use permit for U.S. Cellular to build a cell tower in the area after a lengthy legal dispute with Town of Fond du Lac officials.
U.S. Cellular had been leasing space on a different tower in the town and determined that the construction of their own would save them over $2 million over the span of a 30-year lease.
They then found a suitable location for the proposed tower and applied for a conditional use permit which was subsequently denied.
However, per state law, they must “notify the applicant, in writing, of its final decision.”
This notification of the Town’s decision was not given in writing until after the 90-day deadline to do so had passed.
It is for this reason the appeals court overturned a previous decision and granted U.S. Cellular judgment in the case.
The default judgment for such a case results in the approval of the conditional use permit in question, thus approving U.S Cellular to build a new cell phone tower within the Town of Fond du Lac.
