AT&T is suing Walla Walla in federal court, alleging the city violated the Federal Telecommunications Act when it denied a conditional use permit for a cell tower at 928 Sturm Ave.
The lawsuit, filed Friday, Dec. 1, in the U.S. District Court of Eastern Washington’s Richland division, continues a contentious debate over the proposed tower.
Neighbors opposed the plan for a 65-foot cell tower at Blue Mountain Community Church for months, organizing weekly protests outside the church and regularly attending city council meetings to speak on the topic.
A zoning change in October 2022 opened up the option for small wireless facilities to exist in residential areas under certain conditions.
The city’s hearing examiner heard arguments from an AT&T representative, city employees and residents at a hearing on the topic in October and denied a conditional use permit for the project.
In its lawsuit, AT&T claimed the city overstepped federal communications law in denying the permit, preventing the wireless company from providing needed wireless services.
AT&T argued that the city should have provided an alternative site for the tower to fill the gap in coverage it says exists in the area if the proposed site didn’t meet requirements, the lawsuit said.
AT&T also claimed that the hearing examiner’s findings — that the application didn’t meet requirements for compatibility with the neighborhood; that AT&T’s effort to identify alternate locations for the tower was not comprehensive; and that there was conflicting information about the need for coverage in the first place — are not supported by substantial evidence.
For relief, AT&T asked the court to order the city to issue a conditional use permit for the tower and issue all other authorizations necessary for the construction of the proposed facility.
It also asked the court to find the city’s decision void and invalid, find that the decision prevented AT&T from providing service, and find that the decision was not supported by substantial evidence.
AT&T also asked for costs associated with the lawsuit.
The wireless company sued the city in federal court instead of filing a direct appeal in Walla Walla County Superior Court, which is allowed, City Attorney Tim Donaldson said.
“In everything but name, it’s an appeal,” he said in an interview.
Donaldson will be representing the city in the case, and he said the city’s response would be filed by Tuesday, Dec. 26.
