Wichita officials respond to T-Mobile lawsuit saying, city council can’t be sued

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TOPEKA, Kan. (KSNW) – Wichita officials responded to a lawsuit by T-Mobile against the City of Wichita and the Wichita City Council.

T-Mobile alleges that the City of Wichita violated the Telecommunications Act of 1996 when a “conditional use permit application” requested by the phone carrier was denied by the city.

The suit includes Wichita City Council as a defendant, however, a government body is “not capable to sue, or be sued” according to previous court precedents.

The City of Wichita denies it violated the Telecommunications Act and lacks sufficient information to admit or deny the allegation, and others listed in the suit.

City officials say they do not dispute the claim by T-Mobile but denies its validity.

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