⚖ Oral Arguments, with Context

The Seventh Circuit hears Verizon's challenge to a cell tower denial in Elkhart, Indiana. The proposed tower needed a variance—special zoning permission—for a wooded residential site near two parks. Verizon says it would improve wireless coverage; neighbors objected to its visual impact. The zoning board first denied permission without giving reasons. A federal judge sent the case back for a proper decision, and the board held another hearing and denied it again. The judge then upheld the denial, finding adequate evidence of harm to the area's views. The Telecommunications Act preserves local zoning authority but limits it, including a requirement that denials be in writing and supported by substantial evidence. The appeal concerns the remedy for the first denial, the evidence for the second, and whether the board effectively prohibited wireless service. Joseph Diedrich of Husch Blackwell will ask the court to reverse that ruling for Verizon.

Cellco Partnership v. City of Elkhart Board of Zoning Appeals (No. 26-1251) — U.S. Court of Appeals for the Seventh Circuit, argued October 26, 2026.