The Village of Cary, Illinois, denied our client Lendlease’s request to build a wireless tower, alleging that it would impede development in the area, there was no gap in wireless coverage, and there were feasible alternative sites within the area.
In the ensuing lawsuit, Husch Blackwell attorneys argued that the Village’s reasons for denial were based on conjecture and that the Village Code did not require Lendlease to prove a gap in coverage or the absence of a feasible alternative site within the area. The favorable settlement paves the way for the construction of the first privately-permitted wireless tower in the Village.