thanks for clarifiying.
On Thu, Apr 28, 2011 at 1:35 PM, Jerry Muller <firstname.lastname@example.org> wrote:
> 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" <email@example.com>
> To: <firstname.lastname@example.org>
> 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
>> CA supreme court which is the most liberal/left leaning in the country
>> has been over ruled more than any other.>>>
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