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County concedes Victoria cell tower suit
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County Counselor Bill Jeter said that, in preparation for a hearing scheduled for Thursday, he concluded that prior notice for a public hearing of the Ellis County Joint Planning Commission was insufficient.
State statute requires distribution of public notice at least 20 days before the hearing. In this instance, the notice was published in The Hays Daily News 18 days before the commission's public hearing last October.
Regulations also mandate that written notice be mailed to all property owners within 1,000 feet of the proposed project area. Those notices were distributed 19 days before the public hearing.
Thus, the vote of approval by the planning commission is void, and ultimate approval by the county commission, which was granted Nov. 26, has been vacated, Jeter said.
To proceed, the applicant seeking the conditional-use permit for the cell phone tower will have to file a new application with the county zoning administrator.
For more on the story, see Thursday's Hays Daily News.
4 comment(s) found
Coverage:
11/21/2008Bet those people who oppose the tower would be the first to complain about not having coverage if a situation would arise and they were needing help and couldn't call for help because they had no cell signal. It's really sad that people have to be so narrow-minded and don't look at the whole picture, after all, there is a major interstate running right by Victoria. Do the people who oppose the tower think they are the only ones with cell phones and need the coverage. People come from all over the US and travel up and down I-70, don't they need the coverage. All it takes is one time. Look at the bus accicent by Norton, Kansas recently, thank God the lady on the bus had a cell phone-better yet, had the coverage necessary to complete the call. Please people, stop and think and quit being selfish.
(Posted by: Open minded)
Tower: 11/20/2008
NIMBYS in Ellis County are wasting the taxpayers money.
(Posted by: Casey)
Tower: 11/20/2008
When are our County Commissioners going to start following the rules that they put into place????? Do they not realize what they are costing the taxpayers?
(Posted by: John)
Tower: 11/19/2008
What is wrong with a cell tower?? You enjoy living in the stone age?
(Posted by: Jimmy)
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