American Towers, Inc. v. Town of Morrisville

STEELMAN, Judge.

In applying for a special use permit to erect a telecommunications tower, petitioner made a prima facie showing that the proposed use was in harmony with the neighborhood and that it was in conformity with the comprehensive plan of the town. However, petitioner failed to make a prima facie case that the proposed use would not substantially injure the value of adjoining property. The decision of the trial court, which upheld the denial of the special use permit, is affirmed.

I. Factual and Procedural Background

The Kathrine R. Everett Trust owns 12.47 acres of land located at…