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Re: [TowerTalk] Antenna/Tower Legal Issues

To: "Rob Atkinson" <>, <>
Subject: Re: [TowerTalk] Antenna/Tower Legal Issues
From: "Jerry Muller" <>
Reply-to: Jerry Muller <>
Date: Thu, 28 Apr 2011 14:35:32 -0400
List-post: <">>
A state supreme court can be overruled by any federal court. In this case, 
the state laws didn't provide reasonable accommodation. As to what is 
reasonable, there is some precedent that a VHF only antenna doesn't cut it.

If this guy wants to get any kind of tower, he's going to have to take it to 
federal court. When we argued Marchand before the New Hampshire Supreme 
Court, we made it clear at oral argument that if the state didn't get it 
right, we were going "right across the river" to Federal District Court. 
Fortunately for me, the NH Supreme Court got it right. I bet that in this 
case, my case (Marchand v. Hudson) will be referenced in the documents filed 
with The District Court.

The federal district court can overrule the state, just as it has done on 
numerous occasions. The Boston bussing case comes to mind. If the state has 
an antenna statute, like California does, it becomes more difficult for the 
federal court to act because there was some basis for action in state 
court.. In this case, the California Supreme Court decided that a VHF only 
antenna constituted reasonable accommodation under state law. I don't think 
the federal court would agree so the ham has grounds to take an appeal into 
federal court.

Jerry - K0TV
Not a real zero, I just play one on K0TV

----- Original Message ----- 
From: "Rob Atkinson" <>
To: <>
Sent: Monday, April 25, 2011 6:36 PM
Subject: Re: [TowerTalk] Antenna/Tower Legal Issues

> You are probably thinking of the 9th Circuit Court of Appeals in S.F.;
> not the Cal. Supreme Court.
> How do you overrule a state supreme court?  What if the U.S. Supreme
> Court doesn't decide to hear the case?  What if the affected parties
> decide to not pursue it?
> How many times have you seen some "trend" legal and other, take hold
> in Calif. and wind up moving east?
> <<<California pretty much has their own way of doing things.  I believe 
> the
> CA supreme court which is the most liberal/left leaning in the country
> has been over ruled more than any other.>>>
> 73
> Rob
> K5UJ
> _______________________________________________
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