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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: (
Date: Thu Aug 14 10:05:08 2003
My township has a new way to restrict ham radio. Any tower over 30' requires 
a $750 permit plus hearings at $250/hearing.  As one Supreme Court Justice 
once said, 'the power to tax is the power to destroy'.  Once this method of 
outlawing towers gets noticed, you can expect it to become fairly common. 
It's money for the township.


Bill Ralston <> said:

> Jerry wrote:
> >This guy got off easy. I live in "Live Free or Die" New Hampshire and had
> to
> >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
> _______________________________________________
> See:  for "Self Supporting Towers", "Wireless 
Weather Stations", and lot's more.  Call Toll Free, 1-800-333-9041 with any 
questions and ask for Sherman, W2FLA.
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