Clarification: A previous version of this headline read, Crupper's Corner cell tower case back in court next week. Though that is the approximate location, the case is not affiliated with any of the businesses there.
SOUTH HUTCHINSON, Kan. — The next court date on the contested cell tower near Crupper's Corner is now Monday, December 19th.
The attorney for the City of South Hutchinson is contesting the fact that the applicant did not first seek out a variance to the set-back requirements.
The council voted at its Nov. 14 meeting 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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