The Board of Adjustment (BOA) for the County of Clark, SD recently denied a conditional use permit requested by Horvath Towers VI, LLC. The South Dakota BOA denied Horvath’s application despite having met the terms for conditional use, reports KXLG-TV. The vote was split 3-2 in favor of denying the application. Horvath has responded with a lawsuit challenging that decision.
If approved, Horvath would have been given clearance to construct a cell tower for Verizon Wireless at 42429 182nd Street. The tract is located in an unincorporated portion of the county. Verizon has stated that a communications facility would address a coverage gap. Verizon asserts that the gap is significant and results in dead zones for users moving outside the current service grid.
By quickly responding within the 30-day window following the denial, Horvath has effectively kept the issue afloat. Pointing to the disregard for the Telecommunications Act of 1996, and the compelling need for more comprehensive digital coverage in Clarke County, Horvath anticipates facing the BOA in court in the near future.
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