NICK GOSNELL
Hutch Post
SOUTH HUTCHINSON, Kan. — The South Hutchinson City Council continues to block the construction of a new cell tower at Crupper's Corner.
"The judge's court order basically said the city could not disapprove the application based off the setback requirements," said South Hutchinson City Administrator Joseph Turner. "We respectfully disagree, but our city attorney told us that we can't, unless we're going to appeal that one to a higher level of court, we had to take either action to approve the application or to reject it on new grounds, on different grounds. The council opted to reject the application on the grounds of aesthetics to send it back to the judge."
This would be a second tower on the property. One is already there that is owned by SBA Towers V, LLC, but AT&T wants a new tower built by Harmoni Towers.
Reno County Judge Keith Schroeder ruled on November 1 that the City of South Hutchinson had not consistently applied the setback requirements to previous applicants and further argued that the requirements in this instance were “unreasonable, arbitrary and capricious” because the proposed collapsible design of the tower would not negatively impact the health and safety of the community.
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