All excerpted from Houston Chronicle 2-23-99, copyrighted that publication.
Emphasis mine.
"In what is called the first decision of its kind, a jury Monday ordered
GTE Wireless to pay
$1.2 MILLION to a city of Bunker Hill Village couple who claim a 100-foot
cellular phone TOWER NEAR their home has lessened the value of their
property and caused them MENTAL ANGUISH.
The couple's attorney, xxxxxx xxxxxx, said it is the first known time in
the United States thata JURY has awarded money in a NUISANCE lawsuit arising
from a cell-phone TOWER. xxxxxx said GTE Wireless spent $400,000 on
attorneys to fight the "precedent-setting" lawsuit because they feared it
would OPEN THE FLOODGATES TO SIMILAR SUITS.
<mucho mumbo jumbo snipped>
"It was undisputed at trial that the city of Bunker Hill Village CHOSE
AND APPROVED the location for the cellular communications facility," the
company said in a press release. "GTE Wireless believes the facility is
consistent with the PRE-EXISTING POLICE AND PUBLIC WORKS USES ON THE CITY
PROPERTY."
The TOWER was constructed IN THE CITY"S MUNICIPAL COMPLEX AND A POLICE
ANTENNA WAS PLACED AT THE TOP. xxxxxx said GTE Wireless agreed to PAY THE
CITY $500,000 over the next 50 years for the right to build the TOWER on the
land.
After a four-day trial, jurors in state District Judge Tracy
Christopher's court deliberated a total of four hours Friday and Monday
before returning the 11-1 verdict, xxxxxx said.
The jury did not decide wheter the TOWER violdated the city's zoning
cordinance, ONLY WHETHER IT WAS A NUISANCE TO THE COUPLE. Christopher is
expected to decide in about a month whether the TOWER violates zoning
ordinances and must be moved.
<more snippage>
xxxxxx said a REAL ESTATE SPECIALIST TESTIFIED that the xxxxxxx's home,
which they bough in 1984, HAD DEPRECIATED BY ABOUT 10 PERCENT BECAUSE OF THE
TOWER. They also CLAIMED A LOSS OF PRIVACY BECAUSE GTE WIRELESS EMPLOYEES
MUST CLIMB THE TOWER REGULARLY.
They were awarded $650,000 for LOSS OF USE AND ENJOYMENT OF THEIR
PROPERTY, $350,000 FOR MENTAL ANGUISH and $200,000 for attorneys' fees."
memo to self: today is trash pick-up day...put out newspaper before XYL
gets home.
2nd memo to self: counsult Counsel re: possible "mental anguish" claim.
3rd memo to self: counsult Counsel re: possible "loss of use and enjoyment"
claim since existing wire antenna was unsuccessful in attempt to bust E44DX
pile-ups.
73, Gerald W5BA w5ba@csi.com
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