CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, JANUARY 21, 2025

Run Spot...Run!

House on plans

A wireless carrier rebuffed in Jennings, Louisiana, on an application to rezone residential property to site a monopole cell tower sought relief from the federal court for the Western District of Louisiana.

November 18, 2024
Daniel Lund III - Lexology

"The 'classic' definition of spot zoning is 'the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners.’ Anderson’s American Law of Zoning, 4th Edition, § 5.12 (1995)” (from plannersweb.com).

A wireless carrier rebuffed in Jennings, Louisiana, on an application to rezone residential property to site a monopole cell tower sought relief from the federal court for the Western District of Louisiana. The city lacked any wireless tower provisions in its ordinances, and the carrier asserted that existing “commercial property within the appropriate range” was unavailable.

Mr. Lund may be contacted at daniel.lund@phelps.com


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