Court Upholds Indiana City's Rejection of Verizon Zoning Variance
A judge for the U.S. District Court for Northern Indiana on Friday upheld a decision by the Board of Zoning Appeals (BZA) in Elkhart, Indiana, to deny Verizon Wireless’ application to build a 135-foot monopole. In 2024, the court found that by not issuing a written reason, the city improperly denied the carrier’s application and sent the matter back to the BZA for further work (see 2409090036), which the board did. The case comes as industry urges the FCC to revise its rules to speed deployments (see 2601050029).
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
Last March, the day before a hearing on the Verizon proposal, city staff issued an amended report recommending that the variance be denied, wrote District Judge Damon Leichty, who heard the case. The report “found that approving the variance would be detrimental to the natural viewshed from the surrounding properties, would negatively impact the value of surrounding homes, and would be inconsistent with Elkhart’s zoning ordinance and Comprehensive Plan,” Leichty said. After a hearing, the BZA voted 4-0 to deny the variance.
Friday's decision acknowledged the challenges facing the city and Verizon. “Verizon seeks to bridge a wireless coverage gap, whereas the BZA aims to ensure that the location of whatever facility is built harmoniously serves community needs and respects salutary development goals.” The Telecom Act “balances these priorities and encourages cooperation to find a suitable placement.” A court “may occasionally referee this process,” Leichty wrote. In this case, the BZA “had substantial evidence for denying the monopole’s placement at this particular location.”