The city is backing down from the lawsuit AT&T filed against it earlier this year, clearing the way for the company to build a 5G cellular tower at Moore Creek near the Roger Short Soccer Complex.
The council voted 4-1 in an executive session Tuesday to rescind its previous vote to deny the permits AT&T requested to construct the tower, City Attorney Jeff Turnage told The Dispatch on Wednesday.
Mayor Keith Gaskin, in a press conference Wednesday at City Hall, said Turnage had given the council a rough estimate of $30,000 in legal costs if the city continued to trial with the lawsuit. Gaskin implied the council opted to rescind their previous vote instead of footing that bill.
“AT&T is obviously a very large corporation with lots of money,” Gaskin said.
Ward 5 Councilman Stephen Jones was not at the meeting. Ward 6 Councilwoman Jacqueline DiCicco was the only member present to vote against. Gaskin said DiCicco’s vote aligned with her constituents who are not in favor of building the tower.
DiCicco told the Dispatch on Wednesday she does not believe AT&T did its due diligence in considering an alternative site for the tower.
In its lawsuit filed in March, AT&T alleges the city, through its planning commission and city council, violated the Telecommunications Act of 1996 by denying the company a permit to build the tower at its chosen site. The company is asking the court for a declaratory judgement, as well as an order forcing the city to grant all necessary permits for construction.
AT&T leases the proposed property from Lowndes County, but because the property is within city limits, the tower’s construction must first receive a permit from the city.
The city’s planning commission had twice – once in December and once in February – recommended denying AT&T the permits needed to build the 155-foot monopole tower, citing general aesthetic concerns and concerns about lowering surrounding property values. The council voted to follow the recommendation in February, with Gaskin breaking a 3-3 tie.
Turnage said city representatives still need to meet with representatives from AT&T to determine what comes next.
“I would assume we’ll communicate with AT&T and then discuss with them the mechanics of what happens from here,” he said. “Since they’re the plaintiff and they’re in charge of the suit, as a defendant, we can’t cause it to be dismissed in the absence of a dismissal on the merits.”
Gaskin said the city has tried to “work with AT&T” on finding a solution throughout the process of the litigation.
“(Turnage) had actually talked to them about … the city would drop the case if maybe they would make a donation toward the amphitheater or the pickleball courts, and they had no interest in doing that,” Gaskin said.
Turnage said none of the ideas stuck.
“I tried to dream up multiple scenarios that involved the city being in a better financial position, and I struck out in all efforts at that,” Turnage said.
While The Dispatch reached attorney Patton Hahn, who is representing AT&T in the case, Hahn referred any comments to the company, which did not respond by press time.
City chips in toward effort to keep MSMS
The city on Tuesday also approved a resolution committing up to $15,000 to the Mississippi University for Women Foundation to help cover the cost of hiring a public relations firm to promote keeping Mississippi School for Mathematics and Science in Columbus.
The county on Monday committed the same toward the firm’s contract, which would be for at least $36,000 over six months. MUW Foundation committed one-third of the costs toward the contract, but the city and county added to their totals to cover extra expenses the firm might incur over the contract period.
Miller, who read a prepared statement at Gaskin’s press conference Wednesday, said the university is grateful for the city and county’s help in turning the conversation into a statewide one.
“Both the city and the county have a vested interest in these pioneering educational institutions, which have had an invaluable impact on our community, state and region, and we are very thankful for the partnership that we have with the city and the county in supporting these efforts,” Miller said.
McRae is a general assignment and education reporter for The Dispatch.
You can help your community
Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 42 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
You can help your community
Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 42 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
