>
>All excerpted from Houston Chronicle 2-23-99, copyrighted that publication.
>Emphasis mine.
>
> "In what is called the first decision of its kind, a jury Monday
ordered
>GTE Wireless to pay
>$1.2 MILLION to a city of Bunker Hill Village couple who claim a 100-foot
>cellular phone TOWER NEAR their home has lessened the value of their
>property and caused them MENTAL ANGUISH.
You can bet the cellular community will appeal or take the case to federal
court. Especially since the city approved the site through zoning. This
would mean the end of cellular towers in the USA and the courts and the
friends of the industry won't allow this. In the case of amateur radio
towers, properly approved and sited a local court has no jurisdiction as was
show in the N4NX case in Metro Atlanta. However, if a tower is proposed
and the local powers that be want to make it almost impossible to put up the
tower (as W5BA has found out) they can. We need to get the FCC to expand
PRB-1 to the subdivisions with CC&R's that don't allow towers of any type.
20 Years ago you had a choice of selecting a neighborhood without
restrictions. Now every new subdivision (even those with 5+ acre lots) have
such CC&R's.
Bet the same judge who is hearing the cellular case also has ruled many
times that the property owner has a right to make the most out of his or her
property in zoning cases whether the public wants it or not.
73 Dave K4JRB
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