Brownsville, TX neighbors vow to continue their fight against an AT&T cell tower despite orders by a U.S. district judge forcing city commissioners to approve the towers’ permit.
After its initial special use permit application was denied, AT&T filed a lawsuit against the city citing failure to notify them of the reasons for denial. In response, a U.S. magistrate judge ordered the application review and approval process begin again, citing issues with both parties. Rebutting the ordered do-over, AT&T filed another request and received approval by a U.S. district judge, forcing the city to approve the request.
According to KRGV-TV, the city’s legal counsel claimed that AT&T knew about the reasons for the denial through its representative who was involved in the application and review process.
Brownsville’s planning and development services director Constanza Miner told KRGV-TV, “No structural design, analysis, specifications or calculations have been submitted as part of the specific use nor part of the BOA application. We were told that we will receive this information at a later time, but we never did.”
Carmen Almaraz, whose residential property is in the path of the proposed cell site, has been a vocal advocate against the approval of the 150’ tower. Speaking to KRGV-TV about her concerns, Almaraz said, “The dangers are safety and health issues. There are wildlife issues. Not today or tomorrow, but eventually somebody will get sick. It will affect them.”
In a public teleconference yesterday, Trey Mendez, City of Brownsville Mayor said, “I did want the public to understand that the city commission actually did at one time vote to deny this application. However, it did go to litigation and based on the federal court orders, this is something that is allowed.”
Almaraz said, “I don’t see why. We won last year.” Regardless of developments in the approval or construction process, Almaraz said she and her neighbors will not stop fighting.
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