The city of Sunset Hills has filed a lawsuit against St. Louis County that seeks a temporary restraining order to halt the construction of an emergency communications tower on South Lindbergh Boulevard.

A hearing on Sunset Hills’ request for a temporary restraining order is set for 8:30 a.m. today — Sept. 19 — before Circuit Court Judge Robert Cohen in the St. Louis County Courts Building, 7900 Carondelet Ave., Clayton.

Sunset Hills, represented by City Attorney Robert E. Jones, filed the suit against St. Louis County on Sept. 4.

Besides the temporary restraining order, the suit seeks a preliminary injunction and permanent injunction prohibiting the county from constructing the emergency communications tower behind the South County Health Center, 4580 S. Lindbergh Blvd. The site is owned by the county.

As proposed, the emergency communications tower would be one of roughly 25 towers being located throughout the county as part of St. Louis County’s new emergency communications network.

County voters overwhelmingly approved a one-tenth of a cent sales tax in November 2009 to fund the new emergency communications network. The new system will allow emergency responders to meet a Federal Communications Commission requirement to narrow their frequency bands.

In its suit, Sunset Hills claims St. Louis County lacks the authority to construct and operate the tower within the city without approval from city officials.

“The city’s municipal code requires the issuance of a conditional-use permit (CUP) by its Planning and Zoning Commission prior to the construction of a new telecommunications tower, and the municipal code prohibits the construction of a new telecommunications tower that would exceed 100 feet above ground level …,” the city’s suit states.

County officials previously requested a CUP from the city to construct the tower.

On Dec. 5, David “Duff” Barney, executive director of the St. Louis County Emergency Communications Commission, and Russell Been, of Cellective Solutions, appeared before the Planning and Zoning Commission seeking the CUP for the 190-foot-tall tower at the health center.

Besides the tower, the proposal included a 12-foot-by-24-foot prefab building with a generator and an above-ground propane tank.

Residents addressing the commission objected to the proposed location of the tower, calling it an “eyesore” and voicing concerns about the possible health risks of microwave transmissions, the propane tank and the impact on property values.

After the public hearing, the Planning and Zoning Commission voted unanimously, with one member absent, to recommend denial of the CUP for the tower.

On Dec. 11, the Board of Aldermen conducted two readings of an ordinance to approve the CUP request, but voted 7-1 to table final consideration of the measure to give county officials time to review other possible sites. Then-Ward 3 Alderman Stephen Webb was opposed.

On April 23, aldermen voted unanimously to return the county’s CUP application to the Planning and Zoning Commission.

In its response to the suit, St. Louis County notes a building permit for the tower has been issued by the county and the county is ready to start construction.

“County is entitled to judgment on the pleadings because the overriding need for timely completion of the emergency communications system, which is vital to public health and safety for all residents and other members of the public in St. Louis County, overrides and completely overshadows the city’s interest in regulating county’s communications towers,” according to court documents filed by the county.

“… As a matter of law, county has authority to build and operate its emergency communications system tower at county-owned property at the South County Health Center without city’s approval,” the county’s response states.

“Completion of the tower is vital to public health and safety and will directly benefit all residents of St. Louis County, as well as all members of the public in the greater metropolitan area, including those in the city …,” according to the county’s response.

The county also asserts it does not need to obtain a building permit from Sunset Hills to construct the tower “because (the) city has, by contract, authorized county to perform plan reviews and issue building permits on behalf of (the) city.”