Cell tower put in wrong place

[Malcolm7]

What is the name of your state (only U.S. law)? MI

After a long battle, our community approved a setback change that allowed a cell tower to be placed adjacent to my property. A review of the approved site drawing clearly shows that the tower is more than 15 feet closer to my property than the setback variance allowed.

Do I have a case?

 

[cbg]

To do what?

 

[Malcolm7]

Ideally I would like to see:

A. the tower come down

B. if not A, then seek settlement from community

 

[FlyingRon]

Why is the "community" responsible at all?

Your action is against whoever owns the tower for failure to build it within the scope of their variance.

This is not a DIY effort. You'll need a lawyer.

 

[Malcolm7]

Thanks for the reply.

This tower is within city limits.

A setback variance - from the community - was required in order to allow the tower to be constructed on the private property in question.

The community also approved the site plan - which included the error in position.

 

[Zigner]

Thanks for the reply.

This tower is within city limits.

A setback variance - from the community - was required in order to allow the tower to be constructed on the private property in question.

The community also approved the site plan - which included the error in position.

Aren't YOU part of "the community"?

What did the folks at the city say when you pointed out the incorrect installation?