In what has been a startling development for some Columbia residents who live near Valmeyer Road, construction of a proposed cell phone tower which was denied by county officials five years ago is well underway.

Unbeknownst to many, a court decision upholding the county’s denial of the cell tower in Columbia has since been overturned, resulting in recent construction.  

In 2019, AT&T proposed a tower at 1332 Valmeyer Road, which is also the site of a storage unit business. 

The Monroe County Zoning Board of Appeals voted against recommending approval of the request, and the Monroe County Board subsequently denied the request to build the tower. 

Monroe County ordinance states no tower shall be built on property containing a public office or a principal repair or storage facility. 

After denying the request, commissioners advised AT&T to find another location on which to construct a tower. AT&T filed suit against the zoning board and commissioners in December 2019 for “unlawful denial of a wireless communications facility siting request.”  

The denial was upheld in U.S. District Court for the Southern District of Illinois in September 2022. Chief U.S. District Judge Nancy J. Rosenstengel’s ruling noted the county ordinance was legal and the denial did not cause unjust burden to AT&T; however, she did grant leave for AT&T to amend its initial complaint to include timeliness as a factor in the case.

In the meantime, representatives of AT&T sought alternate sites for a tower in the Columbia area. A request to build a tower just south of Columbia at 126 Hayden Drive was also denied by Monroe County officials in 2022.

After AT&T submitted an amended claim, Rosenstengel reviewed the case in September 2023. She ruled in favor of AT&T, who had since claimed Monroe County did not respond to the original application within a required 75-day window.

Despite the county alleging that based on its “pre-litigation conduct,” AT&T “never intended to rely on  the  75-day  limitation”  and  “continued to participate in the process long after the  75-day  window  expired,” according to a court filing.  

Nevertheless, Rosenstengel’s order stated, “When the 75-day window lapsed, AT&T’s  application  was  deemed  to  have  been  approved.  Any  decision  by  (Monroe)  County  following the 75-day window falls outside of its conferred authority and is void.” 

While the tower was approved in late 2023, tower construction at the Valmeyer Road site did not begin until recently.

The foundation for the base of the tower has been set, and Monroe County Zoning Administrator Chris Voelker told the Republic-Times on Friday that an electric meter for the tower was recently installed.

With electricity now available, construction on the cell tower could be finished in the near future. 

Nearby property owners were surprised to learn of work on a tower which they believed to be disallowed.

During the 2019 hearings, several local owners of property near the site of this proposed tower spoke against its construction, stating a blinking red light on the tower would be an eyesore that could potentially reduce nearby property values.

One person also expressed concerns about radiation that would emanate from the tower and its impact, especially on young people. 

When news spread of the tower’s revival, one Columbia woman whose family owns property near the tower site took to social media to express her displeasure, citing “serious health problems” and questioning why nearby landowners were not notified of AT&T’s intent to build.

Monroe County State’s Attorney Ryan Webb told the Republic-Times the county was not obligated to reissue notices to property owners since the construction request has not changed since the initial 2019 proposal.

At that time, nearby property owners had been notified about AT&T’s plans to build a cell tower at the Valmeyer Road location.

The length of time between the court decision and the start of construction also led county officials to believe AT&T had decided not to pursue the Valmeyer Road tower, Webb said.

Not everyone is upset by the news, however. 

Two Columbia residents who spoke with the Republic-Times on Friday said they welcome the prospect of better cell service in Columbia – especially near the area of Columbia High School.