> > The ARRL Letter is published Fridays, 50 times each
> > year, by the American
> > Radio Relay League
To: <towertalk@contesting.com>
> > Date: Fri, 7 Dec 2001 17:11:04 -0500
>
> > IN THIS EDITION:
> >
> > * +Ham's antenna victory hailed
> >
>===========================================================
> >
> > ==>NEW YORK HAM WINS ANTENNA LAWSUIT
> >
> > In one of the most favorable PRB-1 court rulings in
> > years, a New York
> > amateur has won a three-year battle to erect a tower
> > on his property. The US
> > District Court for the Northern District of New York
> > has ordered the
> > Saratoga Springs Planning Board to grant Randall J.
> > Palmer, N2NVH, a special
> > use permit for a 44-foot antenna support structure.
> > PRB-1 is the limited
> > federal pre-emption that requires localities to
> > reasonably accommodate
> > Amateur Radio communication.
> >
> > In a 20-page decision issued December 3, US District
> > Judge Norman A. Mordue
> > found that "the planning board did not attempt to
> > negotiate a satisfactory
> > compromise" with Palmer. As a result, Mordue, said,
> > the town failed to
> > reasonably accommodate Palmer's amateur
> > communication needs pursuant to
> > PRB-1. The judge found that "the planning board
> > engaged Palmer in a strictly
> > one-sided negotiation consisting of inflexible
> > demands and the construction
> > of hoop after hoop for Palmer to jump through."
> >
> > Mordue found that the record "clearly proves" the
> > planning board made no
> > attempt to negotiate a satisfactory compromise. On
> > the other hand, the judge
> > asserted, Palmer complied with many of the planning
> > board's numerous
> > requests and even made concessions on his own
> > initiative. Mordue said that
> > since the town already understood its obligations
> > under PRB-1, he was
> > directing the planning board to immediately grant
> > Palmer's application. It's
> > not known if the town will appeal.
> >
> > ARRL Volunteer Counsel Albert J. Millus, WB2EQR,
> > represented Palmer through
> > much of the battle. "I'm a ham radio operator
> > myself, and these are
> > important cases for hams," Millus told the
> > Associated Press December 4.
> >
> > Saratoga Springs limits all antennas to 20 feet in
> > height and allows
> > exceptions only upon issuance of a special use
> > permit. Palmer applied for
> > one in 1999 to erect a modest antenna system of less
> > than 50 feet in height,
> > but the town continued to deny his permit
> > application.
> >
> > After the last rejection earlier this year, Palmer
> > went forward with his
> > lawsuit, filed after the town's initial denial of
> > his application. A bench
> > trial was held October 30. Mordue's decision relied
> > on an analysis of prior
> > antenna cases, including the landmark Pentel v.
> > Mendota Heights case--issued
> > by the Eighth Circuit in 1994.
> >
> > ARRL Hudson Division Director Frank Fallon, N2FF,
> > continues to spearhead a
> > legislative effort to codify PRB-1 into New York
> > state law. Fallon said he
> > hoped the decision in the Palmer case--coupled with
> > the goodwill generated
> > by amateur response to the September 11 World Trade
> > Center attacks--would
> > prompt the New York Assembly to act favorably on the
> > PRB-1 bill when the
> > legislature goes back into session December 17.
> >
List Sponsored by AN Wireless: AN Wireless handles Rohn tower systems,
Trylon Titan towers, coax, hardline and more. Also check out our self
supporting towers up to 100 feet for under $1500!! http://www.anwireless.com
-----
FAQ on WWW: http://www.contesting.com/FAQ/towertalk
Submissions: towertalk@contesting.com
Administrative requests: towertalk-REQUEST@contesting.com
Problems: owner-towertalk@contesting.com
|