The County Commission on Wednesday reversed course and approved a cell tower near the Hurricane Creek subdivision that residents had strongly opposed.
Sabrena Smedley, commission chairman, said commissioners have been advised that under federal law they must approve towers if the companies have met requirements under the law.
Vogue Towers had filed suit in Federal Court against the county after the commission action.
Attorney Hal North said the tower company was making certain concessions.
He said the tower would be 190 feet away from the nearest residence rather than the required 150 feet. The roadway to the tower will be built as far away from the nearby home as feasible.
The company will put up tree screening around the base of the tower if the base is visible from the close neighbor.
Attorney North, in the 20-page lawsuit, said the tower was needed to remedy a significant coverage gap in that area.
The suit said Verizon would be the main tenant on the tower, but it would be open to other carriers.
Commissioner Tim Boyd passed on the issue, saying he did not believe the tower company had made a convincing case that the tower was needed in that section.