Scott I am not an attorney and I don't even play one on television, but I
have been the defendant in several "legal extortion" lawsuits and paid many
k$ in legal bills. See my comments below.
1) City Chief Building Inspector has agreed to supply me with a letter
stating that my tower installation does not violate any current zoning
ordinances.
==>>> This is NOT the same as saying no permit is required for the tower!
Cover all the bases if you can.
2) Plan is to put up the tower ASAP, but the concrete was just poured last
Saturday and the tower specs say I must wait 7 days. I am following the
tower specs to the letter, so I'll be waiting until next week to install
the tower. Antennas will have to come later (especially since I don't even
have the C4XL yet!)
3) I plan on a simple "public relations" type mailer to be sent to area
neighbors. The opponents canvassed a large area and I don't have the time
to visit everyone. The mailer will, in a friendly manner, try to answer
their most likely questions (property value, RFI/TVI concerns, etc.). ARRL
is fed-exing me some stuff which will arrive Tuesday, including a study
that was done a while ago proving that property values don't drop when they
are nearby ham towers.
Be very careful in the design of this mailer. You must consider that you
are writing it to a judge and jury in addition to your neighbors. Do not
create any obligations over and above your legal obligations for yourself
in this mailer: don't promise to fix any interference problems at no cost,
...etc..
4) I signed up for a $1,000,000 Liability Umbrella Policy from my insurance
agent. He also assured me that my proposed tower and antennas will be
covered without any additional premiums.
Double double check about the permit for the tower structure. The
insurance company may not pay if there is a claim and no permit was
obtained for the structure. In one of our local suburbs, the city attorney
wrote a letter saying that amateur radio antennas were EXEMPT from the
local zoning ordinances that limit all structures to 30' or less - but said
specifically that a building permit must be obtained.
Will keep you posted!
73 - Scott KA9FOX
As someone else wrote - you can be sued for anything! It doesn't have to be
reasonable and the process can go on for a long time before a judge has a
chance to even rule on whether it is silly or not. I know an attorney who
says he can sue you alleging that you are a space alien who is shooting him
with cosmic rays, and ask for copies off all the checks you have written
over the last three years in discovery, and he has a 50% chance of getting
copies of your checks. Don't be paranoid - but be extremely cautious. If
there is a local ARRL Volunteer Counsel ask their help in reviewing
whatever you mail out to neighbors.
Good luck and 73, John N5CQ
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