A United States District Court judge has dismissed a lawsuit filed by Viaero Wireless against the city of North Platte.

At a news conference on Thursday, North Platte Mayor Dwight Livingston announced the ruling that was handed down yesterday.

According to city officials, in March of 2012, Viaero wireless submitted an application to install a 100 foot tower in the vacant lot at 4th and Willow Streets, the former location of the Presbyterian Church.

Livingston said a number of citizens expressed concern over the project and testified at public hearings with the Planning Commission and the City Council in May of 2012.  He said the citizens were concerned with the impact the tower would have on the historic value of the area, and felt the tower would be an eye sore in the neighborhood.  City Attorney Doug Stack added that residents also submitted letters in opposition.

After hearing the concerns of their constituents, the City Council denied the application with a 6-2 vote, which resulted in Viaero filing suit against the city for not allowing them to construct their tower.

The Court ruled that the city was justified in denying the application.

Livingston said, “Viaero is a valuable business here in town and we want to work with them as much as we can to help them find a location.”

Stack said he is not aware if Viaero plans to appeal the decision.