County files motion for summary judgment

Manatee County is seeking a motion for summary judgment and supporting memorandum of law in a case filed against cell tower developer Vertex on May 14.

The Manatee County Board of County Commissioners voted Dec. 3, 2009 to deny Vertex’s application to build a telecommunications tower on the River Club Golf Course property.

Vertex has since challenged the decision, and a mediation between the parties held last month was unsuccessful.

Deputy County Attorney Robert Eschenfelder said he was confident the court would agree with the county’s position that testimony and evidence presented to the board to the commission by the residents, in particular, would constitute substantial evidence to support the board’s decision.

Contact Pam Eubanks at [email protected]" target="_blank">[email protected].