Verizon sues Geneva over refusal to let wireless service tower be built
Verizon Wireless is suing the city of Geneva because the city council refused to let a wireless communications tower be built near a west-side neighborhood.
The complaint was filed in federal court on Sept. 11 by DRA Properties and Chicago SMSA Limited Partnership. Chicago SMSA does business as Verizon Wireless.
The suit alleges the city violated the federal Telecommunications Act of 1996 when the council rejected a request to put the tower behind a strip mall at 1749 S. Randall Road. “The denial is not supported by evidence and effectively prohibits the provision of personal wireless service in the vicinity of the proposed facility,” the lawsuit states.
It is asking a judge to order the city to issue a permit.
On Thursday, the city’s spokesman said officials, including the mayor, would not comment on the lawsuit.
Verizon wants to put up a monopole tower. It says the area on the east side of Randall, between Fargo Boulevard and Fabyan Parkway, needs the tower because existing towers are overloaded. That leads to problems such as dropped calls at a rate unacceptable to Verizon, according to the lawsuit.
The tower near the Eaglebrook neighborhood would be separated by a row of 20- to 30-foot-tall pine trees and Bent Tree Drive. Verizon said the tower would be 243 feet away from the closest house.
Some residents protested the tower.
The pole would be a stealth tower, meant to look like a flagpole, with the antennas inside. It would be 30 inches wide and 85 feet tall. DRA Properties would own it, and Verizon would rent it.
The pole requires a special-use permit. The Geneva Plan Commission recommended denying the permit, disagreeing with Verizon’s contention that the tower would not reduce the values of adjacent properties or adversely change the character of the area.
The city council voted 6-2, with two aldermen absent, to deny the tower, according to the minutes of the Aug. 12 meeting.
Alderman Richard Marks, who lives in that neighborhood, said he uses Verizon and has never had an issue. He also noted that when call volume is high, the cellphone system automatically prioritizes 911 calls over all others.
Alderman Dean Kilburg said he spoke with the Tri-Com emergency dispatch agency and was told they did not have “major issues” with dropped calls, according to the minutes.
The city was sued in 2022 in federal court by another tower builder over its refusal to let a 100-foot tower be built on commercial property on West State Street that abutted a residential neighborhood. That case is still pending.