Harford County Zoning Hearing Examiner's Office
Cell tower applications continue to be filed and are heard by the Harford County Hearing Examiner. Dates and basic information is available at the Hearing Examiners home page (www.co.ha.md.us/council/zoning.cfm). The very helpful Zoning Hearing Assistant is Dottie Smith, 410-638-3349, djsmith@co.ha.md.us.

American Towers Hearings End - Application For Fallston, Maryland
Nov. 1, 2002 - After a record-setting four nights of hearings ended on Oct. 2, 2002, briefs were filed on Nov. 1, 2002 for the American Towers application for Grandview Church off Mountain Road (Route 152) in Fallston, Maryland. The last night of the hearing, when protestants put on their case, the Hearing Examiner looked at the issue of potential health effects from cell tower radiation, and ruled testimony of this evidence inadmissable. Regardless of the Examiner’s recommended decision, an initial appeal to the Harford County Council will certainly be taken by one party or another.

Second Appeal Against Nextel Tower in Bel Air, Maryland
Oct. 22, 2002 - Nextel cell tower in Harford County appealed for second time. Lisa Nowakowski appealed for the second time the Nextel lattice tower approved for Forge Hill Road in Bel Air. She was denied standing at the first hearing in 1998, but this denial of her rights was reversed on appeal. At the second hearing the Hearing Examiner failed to apply the new Harford County cell tower ordinance that was passed while the first appeal was decided. The new ordinance has more restrictions and requirements imposed on wireless applications. On Oct. 1, 2002 the Harford County Council, sitting as a Board of Appeals, voted to adopt the Hearing Examiner’s recommended decision to approve the tower.

In the second appeal the procedural practice of Harford County granting permits even during the pendency of appeals will be challenged. The Nextel tower went up sometime in 1999 even while the first appeal - which Nextel lost - was pending.

APPEAL VICTORY! On July 29, 2003 the Harford County Circuit Court vacated Nextel's special exception, and remanded the case back to the Hearing Examiner for another hearing under the new Harford County cell tower ordinance. Read the Judge's humorous opinion here.

Oral Arguments In Thurmont Antenna Case
Oct. 7, 2002 - A three judge panel of the Maryland Court of Special Appeals heard arguments by Michael Worsham and specially admitted co-counsel Dan Meyer. A decision remanding the case back to the Board was issued Nov. 12, 2002. The antennas were put up even while the appeal was pending.