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[TowerTalk] Tower legal battles [was Chicago Tribune: AntennaStirs Stati

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Subject: [TowerTalk] Tower legal battles [was Chicago Tribune: AntennaStirs Static Among Neighbors]
From: (Jerry Muller)
Date: Wed Aug 13 11:20:07 2003

At the ZBA hearings that were held after that, the ZBA actually did a 
really good job of doing what the Supreme court ordered. They held 
hearings on what was necessary to "reasonably accomodate amateur radio" 
in my particular case. I'm a serious HF/VHF/UHF contester and was in 
fact the first active 70CM EME station active in NH under my old call 
(WA1TZV). I had a PE do a study about all the technical aspects 
surrounding my particular needs and safety factors.

Bottom line was that the ZBA gave my former neighbors (the ringleader 
actually moved out before the hearing and was still fighting me with 
lawyers and everything) every opportunity to come up with counter 
evidence. When it was all said and done, the final decision from the ZBA 
was so good for me that my attorneys said that they couldn't have 
written the decision better themselves. It was totally air tight and 
appeal for the other side turned out to be impossible. The key statement 
from the ZBA was that it would be unreasonable for me to have any less 
than what I asked for.

I got everything.

73, Jerry, K0TV

Bill Ralston wrote:

>Jerry wrote:
>>This guy got off easy. I live in "Live Free or Die" New Hampshire and had
>>spend over $25K in legal fees to protect three towers on six acres that are
>>almost invisible. (New Hampshire Supreme Court, Marchand v. Hudson)
>Marchand v. Town of Hudson, 788 A.2d 250 (N. H. 2001)
>Synopsis: The town zoning administrator granted the ham radio operator
>builder a permit to erect three 90-foot amateur radio towers. The builder's
>neighbors appealed the grant of the building permit. The town zoning board
>upheld the grant, but was overturned by the trial court.  The supreme court
>held that ham radio towers are an allowed use, and remanded to the zoning
>board with orders to considered what steps had been taken to reasonably
>accommodate the builder's amateur radio communications, because federal
>regulations required that such accommodations be made.
>So Jerry - what happened after that?  Seem like the zoning board got one
>more shot at you, or did they leave it alone since they had originally
>approved it?
>-- Bill

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