West Virginia Tower Can Move Forward

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The West Virginia Supreme Court of Appeals ruled that a new cell tower could be built in the Big Chimmney area. Clint Casto owns property 156 feet from the approved tower site, and appealed to the State Supreme Court to stop the construction of the tower. According to the West Virginia Record, “ In the first order, which was entered on April 30, the circuit court denied Casto’s petition for a writ of certiorari challenging the Kanawha County Commission’s January 9, 2014, order denying his appeal of the site approval for the cell phone tower. In a second order, which was entered on June 17, the circuit court denied Casto’s motion for reconsideration of the April 30 order. The Supreme Court ruled that the circuit court’s order was appropriate under Rule 21 of the Rules of Appellate Procedure, according to the April 17 memorandum decision.” The Planning Commission held two public meetings on the tower application, submitted by Beacon Towers. After the hearings, the Planning Commission approved the application. When Casto appealed the approval of the tower there was a third public hearing held, but the Kanawha County Commission held firm to the decision made by the Planning Commission.  After multiple appeals by Casto, the issue finally made it to the state Supreme Court.  “For the foregoing reasons, we find no error in the decisions of the Circuit Court of Kanawha County,” the decision states. “We affirm (1) the circuit court’s April 30, 2014, order denying petitioner’s petition for writ of certiorari challenging respondent’s January 9, 2014, order denying petitioner’s appeal of the site approval for the cell phone tower adjacent to his property;  and (2) the circuit court’s June 17, 2014, order denying petitioner’s motion for reconsideration of its April 30, 2014, order.” (West Virginia Record)

April 30, 2015 |
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