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[CQ-Contest] Walt wins court case!

Subject: [CQ-Contest] Walt wins court case!
From: beaton@wintermute.co.uk (Alastair Beaton)
Date: Sat Apr 19 22:44:00 1997
QSPed from the latest ARRL Letter, this is excellent news. Congratulations
to K2WK. These little things cheer me up no end...




A New Jersey Superior Court judge has ruled that federal law prevents him 
from declaring ham radio interference a nuisance. Judge Reginald Stanton 
made that determination in a case reported April 16 in the New Jersey Star 
Ledger, in which a couple sued their neighbor, Walter Kornienko, K2WK, of 
Lafayette, New Jersey, claiming his transmissions interfered with their 
telephone, TV, and garage door opener. The couple, Leopold and Karen
was trying to get Stanton to declare the situation an nuisance and to
Kornienko to cut back on his hobby. But Kornienko's lawyer claimed his 
client had a right to operate under a federal license and suggested the 
Korins do more to shield their appliances from RFI. According to the news 
report, Kornienko, who's been licensed since 1967, runs the maximum 1500 W 

"There is no question that there has been meaningful intrusion into the 
Korins' home and their expectations of enjoying a reliable and reasonably 
high quality level of telephone and television reception," Stanton is
as saying in the Star Ledger report by Bill Riley.

Stanton conceded, however, that the FCC had jurisdiction and he had no 
authority to limit Kornienko's hamming. "If he is obeying the FCC rules and

the Korins can't fix the situation in their home, that's tough and they'll 
have to lump it," Stanton reportedly said.

Kornienko is said to have expressed relief at the ruling. Hudson Division 
Director Frank Fallon, N2FF, said he'd discussed the problem with
an avid contester. He described the area as rural, rather than suburban,
expressed the hope that Kornienko could somehow recover his legal expenses.

The ARRL Letter is published by the American Radio Relay League, 225 Main 
St, Newington, CT 06111; tel 860-594-0200; fax 860-594-0259.

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