[Top] [All Lists]

[TowerTalk] city council horror

To: <>
Subject: [TowerTalk] city council horror
From: (Fred Hopengarten)
Date: Thu, 25 Jun 1998 15:06:26 EDT
Fred Hopengarten  K1VR               781/259-0088
Six Willarch Road
Lincoln, MA 01773-5105
permanent e-mail address:

On Wed, 24 Jun 1998 09:34:35 EDT writes:

>We argued that a structure was something that "housed something" and 
>the tower was more like a flag pole or utility pole.

K1VR:  Proof that you should always read the original bylaw.  Some define
structure as "something made of materials."  Some define is as "a
habitable building."  Some leave it undefined. This gives you a clue
about what lawyers do.  

        I am reminded of a colleague who once told me that he'd let a
client agree to ANYTHING, as long as he got to write the definitions and
effective dates.

K5RC:   We also argued that you 
>only own
>the air space above your property as high as you build a structure. 
>The judge
>agreed. The neighbor was pissed.

K1VR:  That, Tom, was clever. Before the advent of airplanes and the
concept of "air rights," a fee simple absolute was known as "an ownership
interest from the center of the earth to the clear blue sky."  Thus I
think you got lucky.  I am more inclined to believe that, in your
situation, you had a judge who thought the neighbor was a pissant.

You don't need to buy Internet access to use free Internet e-mail.
Get completely free e-mail from Juno at
Or call Juno at (800) 654-JUNO [654-5866]

FAQ on WWW:     
Administrative requests:

<Prev in Thread] Current Thread [Next in Thread>