In T-Mobile Northeast LLC. v The City Council of the City of Newport News, VA et al (EDVA Case No. 4:10cv82), the magistrate judge (Hon. T. Miller) spent a fair amount of time in his opinion discussing what constitutes substantial evidence in the way of claims of property devaluation resulting from the proposed installation of a cell tower.
Judge Miller said, “[a]lthough the Court is aware of the Fourth Circuit’s charge to not hold citizens to a standard which requires them to come armed with a slew of experts to defeat any CUP, the Court finds that such a nonspecific claim as to a possible decrease in property values for the general community falls closer to the “speculative” nature of comments less likely to be considered substantial evidence by the reasonable legislator.” T-Mobile Ne. LLC v. City Council of Newport News, Va., No. 4:10cv82, 2011 WL 1086496, at *6 (E.D. Va. Feb. 4, 2011).
In her decision adopting the recommendations of the magistrate judge, Judge Rebecca Smith made it clear that, “[ ] unsupported statements about fears of some possible reduction in home value without further evidence cannot form the basis of substantial evidence.” (Emphasis in the original.) T-Mobile Ne. LLC v. City Council of Newport News, Va., No. 4:10cv82, 2011 WL 1103004, at *1 (E.D. Va. Mar. 23, 2011).
