February 2024 - Parks and Recreation - 26

In the case of Vertical Bridge
LAW REVIEW
Development, LLC v. Brawley City
Council, Plaintiff Vertical Bridge
challenged Defendant City of
Brawley, California, decision to
deny permission to construct a
telecommunications cell tower in a
Community Opposition to Cell
Tower Lease in City Park
By James C. Kozlowski, J.D., Ph.D.
A
s illustrated by the case described herein, diversion of limited
public park resources to other beneficial public uses and infrastructure
projects can give rise to litigation prompted by local
community members who oppose loss of their parkland. In
the case of Vertical Bridge Development, LLC v. Brawley City Council, 2023
U.S. Dist. LEXIS 91363 (3/24/2023), Plaintiff Vertical Bridge challenged
Defendant City of Brawley, California, decision to deny permission to construct
a telecommunications cell tower in a city-owned park.
Facts of the Case
Vertical Bridge constructs, operates
and manages telecommunication
infrastructure across the
United States. A wireless communications
provider commissioned
Vertical Bridge to construct a cell
tower in the City of Brawley (the
City). In August 2020, a site acquisition
specialist for Vertical
Bridge contacted Brawley city
manager and Brawley development
services director to propose
three city-owned parks as possible
site locations for Vertical Bridge's
cell tower. Over the next several
months, they discussed the site
proposals and negotiated a lease
agreement.
On March 16, 2021, the Brawley
City Council (City Council)
authorized the City to enter into
26 Parks & Recreation | FEBR U AR Y 2 0 2 4 | PARK S ANDRECRE AT ION . OR G
a lease agreement with Vertical
Bridge concerning Wiest Field
Park. On April 1, 2021, the City
executed an " Option and Lease
Agreement " (hereinafter, " Agreement " ),
providing Vertical Bridge
the exclusive option to lease approximately
1,296 square feet (36
feet by 36 feet) of Wiest Field Park
for placement of Vertical Bridge's
communications facilities.
Wiest Field Park is a city-owned
recreational park and sports complex.
Vertical Bridge's
proposed
communications
facilities would
be adjacent to the park's existing
baseball
field and batting cages
and comprise a 110-foot monopole
tower with antennae on top inside
an 8-foot high, 36-foot-by-36-foot

February 2024 - Parks and Recreation

Table of Contents for the Digital Edition of February 2024 - Parks and Recreation

February 2024 - Parks and Recreation - Intro
February 2024 - Parks and Recreation - Cover1
February 2024 - Parks and Recreation - Cover2
February 2024 - Parks and Recreation - 1
February 2024 - Parks and Recreation - 2
February 2024 - Parks and Recreation - 3
February 2024 - Parks and Recreation - 4
February 2024 - Parks and Recreation - 5
February 2024 - Parks and Recreation - 6
February 2024 - Parks and Recreation - 7
February 2024 - Parks and Recreation - 8
February 2024 - Parks and Recreation - 9
February 2024 - Parks and Recreation - 10
February 2024 - Parks and Recreation - 11
February 2024 - Parks and Recreation - 12
February 2024 - Parks and Recreation - 13
February 2024 - Parks and Recreation - 14
February 2024 - Parks and Recreation - 15
February 2024 - Parks and Recreation - 16
February 2024 - Parks and Recreation - 17
February 2024 - Parks and Recreation - 18
February 2024 - Parks and Recreation - 19
February 2024 - Parks and Recreation - 20
February 2024 - Parks and Recreation - 21
February 2024 - Parks and Recreation - 22
February 2024 - Parks and Recreation - 23
February 2024 - Parks and Recreation - 24
February 2024 - Parks and Recreation - 25
February 2024 - Parks and Recreation - 26
February 2024 - Parks and Recreation - 27
February 2024 - Parks and Recreation - 28
February 2024 - Parks and Recreation - 29
February 2024 - Parks and Recreation - 30
February 2024 - Parks and Recreation - 31
February 2024 - Parks and Recreation - 32
February 2024 - Parks and Recreation - 33
February 2024 - Parks and Recreation - 34
February 2024 - Parks and Recreation - 35
February 2024 - Parks and Recreation - 36
February 2024 - Parks and Recreation - 37
February 2024 - Parks and Recreation - 38
February 2024 - Parks and Recreation - 39
February 2024 - Parks and Recreation - 40
February 2024 - Parks and Recreation - 41
February 2024 - Parks and Recreation - 42
February 2024 - Parks and Recreation - 43
February 2024 - Parks and Recreation - 44
February 2024 - Parks and Recreation - 45
February 2024 - Parks and Recreation - 46
February 2024 - Parks and Recreation - 47
February 2024 - Parks and Recreation - 48
February 2024 - Parks and Recreation - 49
February 2024 - Parks and Recreation - 50
February 2024 - Parks and Recreation - 51
February 2024 - Parks and Recreation - 52
February 2024 - Parks and Recreation - 53
February 2024 - Parks and Recreation - 54
February 2024 - Parks and Recreation - 55
February 2024 - Parks and Recreation - 56
February 2024 - Parks and Recreation - Cover3
February 2024 - Parks and Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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