American Tower Corporation v. Common Council of the City of Beckley – Case Brief Summary (West Virginia)

In American Tower Corporation v. Common Council of the City of Beckley, 210 W.Va. 345, 557 S.E.2d 752 (2001), the Board of Zoning Appeals of the City of Beckley failed to make written findings of fact when it approved a conditional use permit for the construction of a radio antenna tower within the City's corporate limits.

Consequently, the Court, upon appeal, determined that it could not evaluate the correctness of the Board's decision.

Remanding the case for further proceedings, the Court, in American Tower, held in syllabus point 7 as follows:

"When a board of zoning appeals decides special exceptions to the terms of a zoning ordinance, the board shall issue written findings of fact to permit a reviewing court to ascertain whether the board's decision complies with the standards set forth therefor in the subject ordinance."