Landowner taking fight against TCT tower to state Supreme Court

Posted 12/16/21

After being unable to persuade Park County commissioners and a District Court judge to reject a wireless communication tower between Powell and Cody, a landowner now plans to take his arguments to …

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Landowner taking fight against TCT tower to state Supreme Court

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After being unable to persuade Park County commissioners and a District Court judge to reject a wireless communication tower between Powell and Cody, a landowner now plans to take his arguments to the Wyoming Supreme Court.

James Jolovich contends that the 150-foot tower — which was approved by the county in December 2020 and constructed by TCT in March — should have been built in a different location and limited to 35 feet. Jolovich says the tower has damaged his view of Heart Mountain and that radiation from the site, located about a half-mile from his house, will threaten his health.

After commissioners approved a permit for the project on a 3-1 vote, Jolovich filed an appeal in Park County District Court, contending the county failed to follow its rules and to fully consider his concerns. However, Judge William Edelman of Buffalo affirmed the county’s decision in a ruling last month, saying commissioners were in the best position to interpret their own rules and had no obligation to follow Jolovich’s recommendations. That didn’t settle the issue, though: In a Monday filing, Jolovich’s attorney, Scott Stinson of Cody, filed notice that they intend to appeal Edelman’s ruling to the state Supreme Court. Their arguments will be laid out in a brief submitted weeks from now.

It can take somewhere in the neighborhood of nine months for a case to be briefed and argued by the parties and then decided by the state’s highest court.

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