Not long ago, residents near San Diego breathed a collected sigh of relief. A cell phone tower that had been approved by the local planning commission was rejected by the city council. It wasn't going to be built after all.

In my practice, I see a lot of these cases, and many more will follow. As more of us become hooked on cellular, the need for new towers grows.

For the most part, the least bothersome locations have already been taken in many instances. Which means that residential neighborhoods and other places where people don't want towers will be increasingly targeted.

What are neighbors to do? Sit back and let them build these towers anywhere they want -whether or not it makes sense? No! Community groups all over the country are taking to the streets, the planning commissions and the courts to make their voices heard.

Cell companies understand that no one wants these ugly eyesores in their own neighborhoods. For years they picked the easier locations. They favored nonresidential areas, or industrial areas where possible.

Even today, cell companies try to avoid residential areas because they do not want the fights that inevitably occur.

What you need to know if a cell company is targeting your neighborhood:

• Federal law preempts some state laws regarding placement of cell towers. But, local land use law still applies. Neighbors should not be misled into believing that they cannot win a cell tower location fight.
• Every municipality must allow cell towers somewhere. Make sure that your municipality has a smart zoning ordinance that allows cell towers in only suitable locations.
• Cell companies argue that these towers are not dangerous. But many studies are not conclusive. You need to decide whether you trust studies on this issue.
• Many municipalities secretly want to install towers on municipal buildings because they can make a lot of revenue. Make sure that these deals are in the open, and that community members are given a chance to comment.
• Cell companies are entitled to good coverage, not perfect coverage. Sometimes a more suitable and appropriate location may provide slightly less coverage, but nonetheless adequate coverage.
• These cell companies come, install their towers, and leave. They really do not care about your community or the effect installation will have on it.
• Often cell companies must prove need before a new tower location can be approved. Take a close look at how this is being done. Is the data reliable and can it be replicated? Is this just a product of computer modeling, or are people complaining of dropped calls as well.
• This is not an easy business. Cell companies rely on seasoned professionals to win local approvals, which means that neighborhoods wishing to oppose towers must also retain good lawyers and good experts.

The cell companies have talent -you must have it as well or, as a general rule, you will not be able to win.

Communities that oppose a tower placement must unite and work together. While few people can afford to foot the bill alone, several families working together often can do so -- and can win.

Your group will usually have to retain a seasoned community group lawyer. One that understands the planning process and the environmental issues often associated with these applications. An expert planner is often necessary as well. Usually, the lawyer is hired first and the lawyer will assist the group in retaining the right planner.

Environmental experts, property appraisers, engineers and other professionals may also be useful, depending on the facts of your particular case. Remember, united you rise -divided you will fall. Keep your group focused and develop dispute resolution procedures up front, while every one is still on the exact same page.

Yes, its hard to defeat a cell tower proposal. But it certainly is not impossible. With fund raising and the right professionals, you may very well do as well as the folks who are celebrating near San Diego

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.