2/27/2026 Update- We Sued Navajo County

A clear blue sky over a desert road intersection with a real estate sign.

Snowflake residents filed a lawsuit challenging the County's approval of SUP

Press Release

Snowflake-Area Residents Sue Navajo County over 120-foot Tall Cell Tower

Snowflake, AZ – Snowflake for Responsible Technology, a coalition of Navajo County residents and property owners, together with three individual residents, filed a lawsuit in Navajo County Superior Court on February 27, 2026 challenging the County’s approval of a 120-foot tall cell tower near Snowflake. The lawsuit names Navajo County, the Navajo County Board of Supervisors, and Board Chair Daryl Seymore.

The lawsuit alleges the Board acted illegally on January 27, 2026 when it adopted Resolution 02-2026 approving a Special Use Permit for SBA Communications Corporation (“SBA”) to build and operate a 120-foot tall multi-carrier monopole cell tower at Concho Highway and White Antelope Road. Plaintiffs ask the Court to overturn or void the Special Use Permit because, they allege, the Board failed to follow Arizona law and Navajo County’s own zoning ordinance. They are also seeking attorney’s fees and costs.

Board Approved Tower to Settle Earlier Federal Lawsuit

According to the complaint, the Board’s only stated reason for approving the cell tower on January 27 was to settle a federal lawsuit SBA had filed against them on December 12, 2024. In that case, SBA claimed the Board violated the federal Telecommunications Act of 1996 when it denied a permit to SBA for the same tower on November 12, 2024.

The federal case had never gone to trial. After the action was filed, the County and SBA quickly entered settlement talks. In September 2025, they agreed that SBA would dismiss its federal lawsuit and pay Navajo County $25,000. In return, the Board agreed to issue the Special Use permit. That deal depended on the Board voting to approve the settlement and the cell tower permit, which they did at their January 27, 2026 public meeting. On February 13, the parties filed papers to dismiss the federal case with prejudice, and the Court granted permission that same day.

County Board Allegedly Violated its Own Cell Tower Ordinance

The new lawsuit claims that in rushing to settle with SBA, the Board violated its own wireless zoning ordinance that governs where and how cell towers are built. Article 13 of the County’s zoning ordinance sets requirements for wireless facilities, including cell towers. Applicants must show a real need for a new facility, choose designs and locations that minimize visual and community impact, and explain why existing structures like other towers or utility poles cannot be used. The Board must hold a public hearing, review evidence, and make written findings based on “substantial evidence” before approving a permit.

Under Section 1304, the County must favor certain types of facilities. The most preferred options include collocating on existing towers or utility poles. The least preferred option is construction of a brand-new tower between 100 and 199 feet tall. SBAs proposed 120-foot tall tower falls into the least preferred category. The ordinance allows such a tower only if the company presents strong evidence that the tower will actually have less visual impact than a more preferred design.

The lawsuit alleges that the Board did not require SBA to provide that evidence, did not seriously consider other locations or designs, and did not make the specific findings required by County law.

It also points to Section 1306, which requires a “needs analysis”, including certification that no County- or city-owned site or existing wireless facility can reasonably meet the company’s needs, and an explanation of why the facility must be at the requested site. Plaintiffs say the Board did not require SBA to meet those standards.

At the January 27 meeting, referring to SBA’s new Black Mesa tower in use by Verizon, Board Chair Seymore acknowledged that “since the new tower has gone online, there is better coverage in that area.” Despite this, the Board did not ask SBA to update its 2024 application to reflect the additional coverage from the Black Mesa tower or to prove that another large tower is still needed at Concho Highway and White Antelope Road.

Impact on Residents with Electromagnetic Hypersensitivity

The individual plaintiffs, two of whom live with disabilities from electromagnetic radiation syndrome (electromagnetic hypersensitivity) and multiple chemical sensitivities, report serious health problems when exposed to wireless radiation from cell towers, antennas, and other devices.

Over the last 30 years, many people with this often-disabling condition have relocated to this area because of its rural setting, sparse development, and relative lack of wireless infrastructure and chemical pollution. These residents’ homes are wheelchair accessible, and built of less chemically polluting indoor materials. They are expensive for their size and primarily attract buyers who need accessible housing and protection from continuous exposure to wireless radiation.

A State-funded low income housing complex was built there for people with multiple chemical sensitivities and electrical hypersensitivity. Because of the existence of protected homes and the surrounding less-developed environment, this area has become known as a place where people with electromagnetic hypersensitivity can live more safely. Plaintiffs say that placing a 120-foot tall multi-carrier tower at Concho Highway and White Antelope Road would threaten both their health and their financial security.

White Antelope is the only road into or out of the neighborhood. This corner is where people get their mail, drop off and pick up children from the school bus, and meet the neighbors. If the tower is built, Plaintiffs allege that they and others like them will no longer be able to safely leave their homes, and some may be forced to move away. Housing with the accessibility features they require is nearly impossible to locate and would be prohibitively expensive if found.

Residents Call for County to Follow the Law

Snowflake for Responsible Technology and the individual plaintiffs state that the proposed tower is not needed and does not meet the clear standards in Navajo County’s wireless communications ordinance. They are asking the Superior Court to void the Special Use permit because the defendants (the County) failed to follow the County’s own laws before they approved SBA’s cell tower. “Snowflake has been a refuge for people who cannot live safely in most other places” said a spokesperson for Snowflake for Responsible Technology. “We are asking Navajo County to follow its own laws and protect the people and community values it is supposed to serve.”

For more information, please contact Anna Parascando (623) 217-7041, parascando@msn.com

See copy of court documents below - Plaintiffs vs. Navajo County 02.27.2026

What's at Stake and Why We Need Your Help to Stop the Tower

Snowflake MCS/EHS community There is a community of people that live near the proposed site that are disabled by EMF-RF emissions. The community was created to provide safe, accessible housing where residents could escape the exposures that cause them debilitating symptoms such as migraines, nausea, seizures, respiratory issues, neurological problems, and extreme fatigue. This disabling condition was recognized by the U.S. Access Board in 2002 which published a 2005 report on accommodations. The Americans with Disabilities Act and Fair Housing protections play a key role in the underlying permit denial. Residents opposing the tower cited ADA, arguing that individuals with electromagnetic hypersensitivity (EHS, also known as electromagnetic sensitivy EMS) or multiple chemical sensitivity (MCS) qualify as disabled under the ADA. They stated the tower could block access for these disabled individuals to their homes and essential services, making the denial a matter of civil rights and disability accommodations. SBA Communication is disregarding the protections of the Americans with Disabilities Act and ADAA, and the Fair Housing Act and Fair Housing Amendments Act for the disabled members of the EI community, and sued Navajo County for denying the permit. The county's decision was based on substantial evidence - the standard. According to federal telecommunications rules, SBA is only entitled to an "expedited review" of the county's decision, but now wants to settle, despite that the court has not completed its review. Urge the county to deny any settlement offer and stand by its solid decision!

Black Mesa cell tower provides better service already. The data provided at the 9/24/24 Navajo County BOS meeting concerning a gap in coverage is obsolete since the Black Mesa tower was installed. The new tower greatly improves cell reception so the proposed tower is NOT needed. See PDF "Impact of Black Mesa Cell Tower on Signal Strength on Concho Hwy" below

The tower will be an eyesore! It will be 120 feet tall and stick out like a sore thumb as there are no trees in the area. In the permit application, SBA mentions other carriers can add to the pole as well so we have no idea what we will be exposed to in the future.

We don't know if 5G radiation is safe. The potential health risks associated with 5G technology are not yet fully understood. There is still a great deal of research to be done to understand the long-term effects of exposure to 5G radiation. This location is too close to homes, where kids are picked up from the school bus and where most of us get our mail. In 2021, a federal court ordered the FCC to explain why it ignored scientific evidence showing harm from wireless radiation and the FCC has still not responded - https://ehtrust.org/in-historic-decision-federal-court-finds-fcc-failed-to-explain-why-it-ignored-scientific-evidence-showing-harm-from-wireless-radiation/

The tower could lead to decreasing property values in the area. The installation of 5G technology is a controversial topic, and many potential buyers may be hesitant to purchase property in an area where such technology has been installed. The homes in the EI Community were constructed especially for people with electrical sensitivities. These homes contain many special features that are uncommon on typical homes. See letters from local real estate agents below.

How we found out about proposed tower

Did you notice the tiny orange sign on the fence across from the mailboxes on White Antelope in 2024? That was how Navajo County notified us about it! In the SBA Communications permit application (see PFD document "SBA Communications Tower Application" below), they mentioned they conducted a community meeting where only 3 people showed up. I didn't hear about that meeting—were you aware of it?

County Meetings and Permit Denial

On Sept 24, 2024, there was a Navajo County BOS meeting where the BOS tabled the permit decision, pending more information. Members of the EI community and other neighbors expressed their concerns about the proposed White Antelope Cell Tower, and the BOS decided to reschedule the vote on the permit to empower communities with more information.

The next meeting was scheduled for November 12, 2024, where the BOS unanimously denied the permit, and we thought that was it, allowing us to move on with our lives.

However, on September 10, 2025, SBA Communications sued Navajo County (see PDF document 'SBA Communications vs Navajo County'), claiming that the reason for the denial was due to health concerns. This lawsuit has raised awareness about the need for updated safety standards, as the FCC has not revised its regulations since 1996. With the introduction of 5G technology, we remain uncertain about its effects on both our health and wildlife.

Current Permit Status

***UPDATE - The Navajo County BOS Caved to Corporate Pressure and Approved the Permit on 1/27/2026***

TAKE ACTION!!!

You can continue to take action ...

Sign our Petition

Please sign our petition here - https://www.change.org/No_WhiteAntelope_Cell_Tower

Let Navajo County know we don't want the tower here!

Call (928) 524-4053 or Email -

Bryan Layton is the county manager and communicating with us regarding status of the BOS voting on the settlement with SBA Communications. Email him at countymanager@navajocountyaz.gov

You can also email Leah Thomas, the clerk of the Navajo County Board of Supervisors at Leah.Thomas@navajocountyaz.gov

Contact Verizon's Executive Vice President and CEO Verizon Consumer Group and tell them we don't need this tower and if you have service with them threaten to switch service. Email him at s.sampath@verizon.com