Sorry to here about your tower/neighbor problem Drax
Since you have received a summons you are now officially in a legal battle.
You
need some good legal help right now. All states, counties, cites, etc have
different laws. These can also be interpreted differently in similar
situations.
As noted you signed a contract that included deed restrictions. This makes your
problem much more difficult. You need too do a lot of research, get on the Ham
law Reflector, and get some help right now. I am not an attorney but the XYL is
a paralegal in large law firm. In the the State of Florida Civil Lawsuits must
go to mediation first before proceeding to trial Judge or Jury. Here Civil
lawsuits use 6 jury members. The one thing I can quote you for certain if you
go to any trial and the case goes to a jury your decision will be made by
6 people that were smart enough to get a drivers license, but not smart enough
to get out of jury duty. With a jury you can NEVER predict what they may do.
Get
some help now. Enough said. I'm sure we will all get the word to take it to the
ham law reflector very soon. No disrespect meant Steve. Good luck.
73 DE K4XZ Joe Patrick
God Made Man
Sam Colt Made Them Equal
________________________________
From: Drax Felton draxfelton@gmail.com
Cc: "towertalk@contesting.com" <towertalk@contesting.com>
Sent: Fri, February 3, 2012 7:46:16 AM
Subject: Re: [TowerTalk] Tower lawsuit
I did. Was told by realtor and owners there weren't any. Should've been more
throrough.
There is case law ruling that says that most people don't have tennis courts
but
that doesn't Make them not customary to have at home. Amateur radio meets the
dictionary definition of customary too. As it was a long standing tradition of
having been done at home.
Then Common law here in North Carolina disfavors deed restrictions and case law
and the state supreme court says that when ambiguous language exists in a
restriction it must be interpreted towards free use of the land.
Sent from my iPhone
On Feb 3, 2012, at 3:46 AM, David Gilbert <xdavid@cis-broadband.com> wrote:
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