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Another cell tower ruling

This ruling nullifies prior approvals

June 01, 2011
ALTON — A decision was handed down by the First Circuit Court of Appeals on May 19 on the proposed cell phone tower in Alton that nullifies the prior local and court approvals that would have allowed the construction of the tower at 486 East Side Drive.

The case has been in the court system since 2005, when Industrial Communications and Electronics, Inc. proposed a tower in Alton for two wireless companies.

David and Marilyn Slade, whose property abuts the proposed tower, objected to the construction of the tower because it would stand in line of the panoramic view of the lake and the surrounding mountains.

The company determined that the tower would need to be 120 feet above the ground and applied for a variance to the zoning board of adjustments and were denied.

The company then sued the town. The town then began to negotiate a settlement with Industrial Communications and the co-plaintiffs, the wireless companies, which the Slades opposed. An agreement was made between the company and the town to vacate the board's decision and permit a 100-foot tower without further meetings.

The ruling on May 19 allows for the Slades to continue the suit even though an agreement between Industrial Communications and its co-plaintiffs and the town was reached.

Tim Croes can be reached at tcroes@salmonpress.com or 569-3126

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