[TowerTalk] Re: HL: Heading off an antenna restriction?

Sun, 12 Oct 1997 11:15:13 -0700

>I'm watching the replies KA9FOX is getting and I'm a bit concerned.  Messages
>telling you what happened in other localities, advice to put it up quick,
>etc., don't really address Scott's question, or the possible problems with
>the Building Inspector's advice.

As a councilman in my town, I agree that the tower should
go up ASAP.  The permit was issued by the building department and
that's all that's needed now.  That may not avoid subsequent litigation,
but it puts the stake in the ground in terms of what the neighbor needs to
accomplish rather than just stopping construction before it is erected.

>There are any number of legal issues here, including the actual requirement
>for a building permit for the tower structure itself.  Without knowing the
>language of the zoning or building code it's difficult to give specific
>advice
>to Scott to protect him.  Mistakes by building inspectors are common, and
>won't protect you if the permit is mistakenly issued in violation of the
>ordinance.  While there is case law on detrimental reliance, it's a pretty
>risky theory to rely on when a government official makes a mistake.

That assumes a mistake has been made.  That's not what I got from the
initial post.

>We don't limit this reflector to attorneys or Volunteer Counsel, but off the
>top of head advice probably won't help Scott in the long or short run.
>Jim O'Connell, W9WU  ARRL Volunteer Counsel, Central Division

But Jim, you add a note of caution yet offer nothing to go on.  The
situation is simple.  But up the tower now
or don't and maybe lose the right to.  The base is in place already,
the tower just needs to be bolted in place.  Seems pretty straigt-forward
to me.

Linda and Bill Sohl -- Budd Lake, NJ -- billsohl@planet.net

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