Appeals Court approves Mt. Morrison tower replacement for PBS Channel 6
The constant state of worldwide revolution has effected nearly everyone, including small neighborhood organizations. After six years of opposition by a few, a new digital tower for Public Television Channel 6 will rise on Mt. Morrison. The initial intention to overturn JeffCo Commissioners approval was to prevent any new radiation on Lookout Mountain or Mt. Morrison. CARE has always recommended Squaw Mountain and two other high-altitude unpopulated sites that do not send radiation into populated areas.
However, CARE’s November 20, 2008 filing with the Court of Appeals to overturn approval recommended populated Lookout Mountain as an alternative to unpopulated Mt. Morrison. Citizens were not informed of this litigation by the board, which was not legally elected by a required majority of 28 neighborhood representatives. When the decision got around by word of mouth in January, about 50 residents came to a CARE meeting on February 7, 2009 demanding removal of Lookout Mountain as an alternative site. Their attempt to legally elect a new board was dismissed. A new board, again without being elected by a majority of neighborhood delegates, are attempting to revive citizen participation.
Litigation to prevent Mt. Morrison Tower Timeline:
3-11-03 JeffCo Commissioners Approve Resolution #CC03-119 for MM tower
4-8-03 JeffCo District Court CARE files against JeffCo decision
3-8-04 JeffCo District Court Decides in favor of JeffCo Commissioners
4-24-04 CO Court of Appeals CARE files appeal to overturn
5-4-06 CO Court of Appeals Court remands back to JeffCo Commissioners
1-7-06 CO Supreme Court CARE files appeal
12-9-06 U.S. Congress Approves federal preemption for Lookout Mtn*
11-26-07 CO Supreme Court Refuses to Mt. Morrison hear case
4-1-08 JeffCo Commissioners Responds to Appeal Court with approval
4-30-08 JeffCo District Court CARE files 2nd appeal against JeffCo
10-7-08 JeffCo District Court Court favors new JeffCo Commissionrs
11-20-08 CO Court of Appeals CARE files appeal to overturn
6-18-09 CO Court of Appeals Court favors JeffCo Commissioners
* U.S. Senators Ken Salazar and Wayne Allard sponsored federal preemption of local land use control to enable Denver stations to build a new DTV “supertower” facility on Lookout Mountain. The legislation became law without a Congressional vote on December 9, 2006. District Court Judge Jackson therefore dismissed the suit brought by the City of Golden, CARE, and many individuals representing 50,000 citizens within a five-mile radius. Assuming the NBC, CBS, ABC stations will abide by their 2003 Supertower proposal, JeffCo Commissioners approved the “Lake Cedar Group, LLC” proposal on March 12, 2007. The TV stations are required to send signals east, not 360 degrees, to protect thousands of families in Mt. Vernon Canyon.
For more information, see Antenna Tower Update.