Amateur Radio - Legal Library

Documents not on CD-ROM accompanying the book Antenna Zoning:

• American Red Cross Letter to ARRL - GIF
• Rohn Letter on Fall Radius of a Guyed Tower - PDF 

 
Legal documents not readily available from free published internet legal sources, and not on CD-ROM accompanying the book Antenna Zoning: 

Evans v. Burruss (MD Court of Appeals, 2007)

         http://www.courts.state.md.us/opinions/coa/2007/1a07.pdf

Ham (N3HBX) applied for building permit (not special permit, not variance) for four 190' antenna support structures.  Permits granted as a matter of right. He began consturction. Over a year later, a new bylaw promulgated. Court holds rights have vested. Held, the grant of a building permit is a ministerial act.  No notice to neighbors is required.

Disclosure: K1VR was of counsel in subsequent litigation, signing the Motion for Summary Judgment when the neighbors claimed private nuisance. After the MSJ and brief were filed, the neighbors withdrew the claim, with prejudice.

• Motion for Summary Judgment - PDF
• Statement of Material Facts - PDF
• Statement of Grounds and Authorities - PDF

Naumburg K5HAB (Bernalillo Co., NM, 2004)

• Needs Case (as submitted) - PDF or DOC
• Grant of Special Exception - PDF 
  

Needs case created by Gerry Smith, W6TER.
Support structure of 80 feet, with 12 feet of antennas on top, total: 92', on 0.892 acres.  

Disclosure: K1VR was of counsel in this matter.

Chedester v. Town of Whately (MA, 2003)

• Complaint - WPD
• PTC Memorandum - WPD
• Trial Memo - WPD
• Pltf Rqstd Rulings of Law - WPD
• Pltf Rqstd Findings of Fact - WPD
• Superior Court Decision - PDF  
  Courtesy of Atty. Alan Seewald (K1VR appeared at the hearing level). Bylaw with 35’ maximum height preempted by PRB-1 and state statute. KB1IPR’s building permit for 140' structure reinstated.

Snook v. City of Missouri City, Texas (2003)

• Final Judgment - PDF
• Order - PDF

         Courtesy of Orin Snook, KB5F (holding that 65' not adequate to conduct effective          communications). Ham constructed 114' on 0.958 acre lot in residential subdivision. City          ordinance preempted by PRB-1.  

Marchand v. Town of Hudson (NH, 2001)

• KØTV Brief to NH Supreme Court - PDF or DOC
• Justification of Need - ZIP Package
• ZBA Decision on Remand - PDF 
• Decision at 147 NH 380, 788 A.2d 250 (NH 2001), or

http://www.courts.state.nh.us/supreme/opinions/2001/march221.htm 

         Courtesy of Atty. Mike Raisbeck, K1TWF.
         Finds three 100’ structures to be an ordinary accessory use for KØTV.

Palmer v. City of Saratoga Springs (NY, 2001)

• Complaint - PDF or DOC
• Federal Rule 34 Demand for Production of Documents - PDF or DOC 
• Decision at 180 F.Supp 2d 379 (NDNY 2001), or - PDF   

        Courtesy of Atty. Albert J. Millus, Jr., WB2EQR, who represented Palmer, N2NVH (holding         absolute height limit of 20' preempted, as "an unvarying height restriction on amateur radio         antennas would be facially invalid in light of PRB-1"; and request for informationon RFI was         "unreasonable on its face.")  

Baskin v. Bath Twp. (OH, 1996)

• Unpublished Opinion - PDF or DOC 
  The late W8PGD sought permission for five towers. Court found fall zone requirement to be void and unenforceable as a failure to reasonably accommodate.

Kleinhaus v. Town of Cortlandt (NY, 1996)

• Supreme Court Decision - PDF
• ZBA Final Decision and Order - PDF

Zoning code contained a 35' height limit.W2XX applied for 120' on 1.4 acre property; denied. FCC regulations have the force of statutes.  Merely balancing town interests against Federal government's interests in promoting amateur communications is not enough. Denial of variance set aside as irrational, arbitrary and capricious. On remand to ZBA, 100' tower approved. Courtesy of J.P. Kleinhaus, W2XX.

Rush Creek Golf Club v. City of Corcoran and Fraasch (MN, 1996)

• Decision and Order - PDF 
  Courtesy of Atty. John B. Bellows, KØQB. KØSF wins an appeal of the grant of a permit for his 130' tower. Damage to Trumpeter Swans wholly speculative, does not appreciably impair wetlands resources, less visual impact than farmyard equipment and nearby mobile home park, not a nuisance. 

Pentel v. City of Mendota Heights (MN, 1994)

• Complaint - PDF or DOC 
  Courtesy of Atty. John B. Bellows, KØQB

Bay v. ZBA of New Canaan (Superior Court at Stamford, CT, 1993)

• Unpublished Opinion - PDF or DOC 
  Court finds antenna is an accessory use to a single-family residence, that multiple-antennas are customarily and reasonably incident to a single-family residence, and that the height, a 72' structure plus a 10' mast (total: 82') was necessary. Court accepts separation of 9' between antennas as necessary to avoid interaction. 

Heinemann v. Town of Lyme, et al (USDC CT, 1993)

• Pltf Memo of Law in Opp to Def's Mtn in Limine - PDF
• USDC Ruling on Mtn Sum Judg - PDF
• USDC Order - PDF
• Local press coverage of decisions - PDF

Bylaw with 35' maximum height, more height by Special Permit. USDC orders W1YG's Special Permit granted as applied for (78').

Parma Heights v. Haase (OH Municipal Court, 1992)

• Judgment with Opinion - PDF or DOC 
  Criminal misdemeanor case. K8VI not guilty of creating a public nuisance. Courtesy of Atty. Robert M. Winston, W2THU  

MacMillan v. Rocky River (OH) (USDC, Northern District of Ohio, 1990)

• Order with Opinion - PDF 
  MacMillan I may be found at 748 F.Supp. 1241 (1990). This is MacMillan II, a grant of attorney's fees under §1988 by a Federal District Court after finding the bylaw valid but preempted as applied. Courtesy of Atty. Robert M. Winston, W2THU

Menlo Park v. Orr (Superior Court, San Mateo County CA, 1962)

• Findings of Fact and Conclusions of Law - PDF

Orr (W6SAI), author of the HF Antenna Handbook, received Planning Commission approval and building permit. Erected 70' Trylon (a brand name) retractable antenna support structure and antenna on a 12,200 S.F. lot.  Antenna system not a public nuisance, and not maintained for any commercial purpose. Ordinance cited to void permit is an invalid exercise of the police power, because it does not bear any reasonable relationship to public safety, health, morals or general welfare. City estopped from ordering removal. Attorney: the late Ed Peck, K6AN.