The ultimate action required by the appeals court is that the lower court request city council to issue the permit that was denied in October of 2012.

“I'm very pleased that the North Carolina Court of Appeals has overturned the decision of Roanoke Rapids City Council,” said David King, the applicant for the permit. “It is sad that our elected officials allowed petty politics to cloud their judgment and knowingly and willingly violated federal, state and local laws.”

In its ruling the appeals court said no evidence was introduced that was competent or material on either the health and safety implications of the tower or whether it would be in harmony with the surrounding area.

“The evidence relied upon by the respondent board to support its finding is incompetent as opinion testimony and is highly speculative in nature,” the opinion said. “The denial of a special exception permit may not be founded upon conclusions which are speculative, sentimental, personal, vague or merely an excuse to prohibit the use requested.”

The appeals court ruling further stated, “We hold that the council's denial of the petitioner's application for a special use permit was not supported by substantial, competent and material evidence.”

The court supported King's initial arguments on the matter that the decision was inconsistent because it found the proposed cell tower complied with the city's planning ordinance but was not in harmony with the surrounding area.

It also supported King's contention that the ruling violated the federal Telecommunications Act.

“We conclude that the trial court erred by affirming the decision of council to deny petitioner's application for a special use permit and that its order should be reserved and the case remanded to Halifax County Superior Court for remand to the city council with instructions to grant petitioner's application for a special use permit.”

King said his next step will be to contact the planning and development department to get the timetable squared away.

City Attorney Gilbert Chichester said this morning he doesn't anticipate council instructing him to file an appeal. He said council will have to take formal action on the matter once the trial court serves notice the permit must be issued. “It doesn't prohibit council members voting against it, ultimately it has to issue the permit.”