Citing the vagueness of “substantial evidence” the Board of Butler County Commissioners voted to deny a request for a Conditional Use Permit (CUP) on Property Located at 4819 SW Santa Fe Lake Rd. Towanda. On Feb. 26 the Board of County Commissioners discussed the application and felt the request should be remanded back to the Planning Commission for further discussion after receiving a Letter from Legal Counsel representing AT&T. The Commissioners stated they had received calls from residents who were concerned with the Tower and felt the request should be denied based up on aesthetics, potential health effects associated with radiation and reduction of property values.
On April 2 the Planning Commission re-visited the case. The evaluation of the request included input from Legal Counsel, Huelskamp from AT&T and included a response from Terry Huelskamp, Legal Counsel for Butler County. After hearing what Terry had to say it was determined in was in the best interest of the County to approve the request based upon the fact that the reasons for denial would not be considered “substantial evidence”. After being advised by County Attorney Huelskamp on the requirement of law for “substantial evidence” needed to deny the request, Commissioner Masterson stated, “substantial evidence is pretty vague…so I feel we have received substantial evidence.” The request was denied.
(Read more: Augusta Gazette)