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Crozer v. Reichert

Defendant was not entitled to summary judgment in the absence of competent evidence that a county planning director did not labor under a conflict of interest in submitting his application for a conditional use permit to his own planning office for review.

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Plaintiff Robert P. Crozer, along with several neighboring landowners and members of a citizens’ group, Citizens Against Strobe Lit Towers Crozer, brought an action for declaratory and injunctive relief against Thomas County Planning Director Johnny L. Reichert, the Thomas County Board of Commissioners, and SBA, Inc., a Florida corporation, seeking to prevent construction of a 350-foot, strobe-lit telecommunications tower on property belonging to Reichert. Plaintiffs appeal from an order of the trial court granting summary judgment to defendant SBA, and denying plaintiffs’ cross-motion for summary judgment. Because we conclude that summary judgment was improperly granted on the state of the record developed below, we reverse.

The record establishes that Reichert entered into an agreement to lease certain property to SBA, Inc. to enable SBA to construct and operate a wireless telecommunications tower. The agreement was conditioned upon obtaining “any necessary governmental licenses or authorizations” needed for the project. Under the Thomas County Planning and Land Use Ordinance, approval as a conditional use was required. Failure to receive that approval provided grounds for SBA to terminate the agreement.

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