Hoffman Estates approves cell tower after T-Mobile lawsuit

The threat of a $50,000 legal tab helped the Hoffman Estates board reverse a decision to nix a plan for a 100-foot T-Mobile cellphone tower.

“I certainly don't want to waste any money in federal court at this time,” Trustee Raymond Kincaid said.

The vote on Monday was unanimous to allow the tower, with Trustee Gary Pilafas away on vacation.

Village Attorney Arthur Janura said it would cost at least $50,000 in attorney's fees to combat the federal lawsuit after the board on May 16 denied a permit to built the tower at Cannon Crossing Park, at McDonough Road and Nicholson Drive. The village would also need to retain expert witnesses to testify on the village's behalf, Janura said. But that might not be enough. Janura told the board on May 16 that a lawsuit was possible.

“To date, however, all of the expert testimony has indicated that there is a dark spot located near the Cannon Crossing location and that tower would have to be placed somewhere within the general vicinity,” Janura told the board.

The lawsuit alleges the tower would help alleviate a “significant gap” in T-Mobile's coverage. The carrier would drop its lawsuit if the tower was constructed.

“It would be very difficult, if coverage was needed, to deny this particular location to T-Mobile,” Janura said.

The 15-page U.S. District Court complaint argued T-Mobile met all the village's requirements through the zoning process to build the tower. The lawsuit also notes that the village approved a similar tower at the park used by Cricket Wireless, one of T-Mobile's competitors. Cricket's tower stands taller at 104 feet, and that was a main part of T-Mobile's argument, Janura added.

Trustee Karen Mills wasn't at the May 16 meeting, and said the village was forced to reverse the decision due to federal regulations of cellphone towers.

Janura isn't sure when the tower would be constructed. Even though AT&T and T-Mobile have announced plans to merge, that doesn't mean the tower would improve reception with AT&T customers. The wireless carriers use different frequencies.

Before the plan reached the village board, about a dozen residents complained to the village's Zoning Board of Appeals about the height of the tower and its effect on the park's open space. Janura pointed out 20 towers, all at least 85 feet tall, already exist at the park. The T-Mobile tower would also be farther away from nearby residences and closer to the railroad tracks, Janura added.

The procedural motion to rescind its action required five votes, on top of a separate vote to approve the tower that only needed a majority. Mills, the board's senior member, said she didn't remember the board ever needing to take such action to rescind a vote.

Kincaid, who voted against the plan on May 16, said he wouldn't be surprised if those residents opposing the tower wrote messages to the board voicing their displeasure. He thought the board would have a special meeting to discuss the tower, but felt the board's hand was forced because of the lawsuit. T-Mobile had 30 days to file from the May 16 vote.

The Hoffman Estates Park District operates Cannon Crossing. Renting space for the cellphone tower would earn the district $25,000 a year, park district Executive Director Dean Bostrom previously said.