I think this is what you're looking for:
http://www.antennazoning.com/attachments/61_Afflerbach_v_McManus_PA_CCR.pdf
I grew up right next to Fairless Hills in Levittown and knew Dave Heller
since we were members of the same radio club, the Penn Wireless Assn!
Ron N6IE
www.N6IE.com
----- Original Message -----
From: "Ron Notarius W3WN" <wn3vaw@verizon.net>
To: "'Discussion of Ten-Tec Equipment'" <tentec@contesting.com>
Sent: Friday, February 19, 2010 5:01 PM
Subject: Re: [TenTec] Electric safety
> Out of idle curiosity, I forwarded Dave's comment about the case "right
> close to home" to my lawyer, Mike K3AIR, to see why there'd be a problem
> with a precedent. Mike had the following to say:
>
> "If it's the case I'm thinking of, it is a Common Pleas court decision
> from
> one of the eastern PA counties. It essentially said that the CC&Rs could
> not be used to prohibit amateur antennas because of the public service
> hams
> do (the ham involved was a MARS operator who ran lots of phone patches
> from
> overseas military personnel).
>
> The problem is that Common Pleas cases have no precedential value outside
> the county they're decided in and can't be relied on (even though I have
> gotten away with it on some other issues by arguing that even though they
> are not precedent, they are persuasive)."
>
> And don't worry, I am compensating Mike for his time. It looks like
> tomorrow evening will be a good time to light the grill up... while he's
> also helping me work some DX on the Corsair during the contest this
> weekend!
>
> 73, ron w3wn
>
>
> -----Original Message-----
> From: tentec-bounces@contesting.com [mailto:tentec-bounces@contesting.com]
> On Behalf Of DAVID HELLER
> Sent: Friday, February 19, 2010 11:31 AM
> To: Discussion of Ten-Tec Equipment
> Subject: Re: [TenTec] Electric safety
>
> I really enjoyed that part. Of course my fee was a bit higher for days
> spent in court (very enjoyable!) and I like to dictate the questions to
> the
> opposing lawyer for his cross - and most would fall for it. The best
> invariably was a cross question not quite related to the case at hand
> which
>
> was so easy to answer: "Sorry, that's out of my expertise and I'm not
> qualified to answer." And the judge breaking in telling him to stop
> wasting
>
> time and keep it relevant. What's nicer than having his honor on your
> side!
>
> The best I ever had was actually right close to home on an amateur radio
> antenna/zoning case (no charge of course) with K3DSF vs U.S.Steel. Two of
> us were :Pete's expert witnesses, myself and K3BNS, now W3BE, who
> subsequently became FCC's head of personal (Amateur and CB) in DC, and
> until recently QCWA president. Story is fairly long - maybe another time
> here. But the case - l963 +/- is well known to ARRL, and I don't know why
> it hasn't set a precedent for the covenant restriction crap. But I'm no
> lawyer, so what do I know. Dave, K3TX
> ----- Original Message -----
> From: "Carter" <k8vt@ameritech.net>
> To: "Discussion of Ten-Tec Equipment" <tentec@contesting.com>
> Sent: Friday, February 19, 2010 7:17 AM
> Subject: Re: [TenTec] Electric safety
>
>
>> DAVID HELLER wrote:
>>
>>> The real fun came from the cases where some lawyer thought he could
>>> show me up on cross-examination. Not once did the lawyer win.
>>
>> Been there, done that!
>>
>> I was the forensic expert for a large telcom and spent my share of time
>> in court...and no, not once did the opposing lawyer win. They all mostly
>> seem to have forgotten the lawyer's Golden Rule of never asking a
>> question to which they don't know the answer. :-)
>>
>> Carter K8VT
>>
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