[TowerTalk] A Sad Precedent

GALE STEWARD k3nd@yahoo.com
Wed, 24 Feb 1999 05:20:49 -0800 (PST)



Alan,
I'm sure you are far more knowledgeable than I regarding legal
matters. I sure hope you're right!  The scary part is that most of the
issues involving the cellsite case could be applied to my (and most
everyone else's) situation.  I climb my tower so could probably see in
a window (even though it's 150 ft away) and invade their privacy. 
Also, everytime they look out their back window, it causes mental
anguish





---"Alan D. Gray"  wrote:
>
> Your confusing the situation.  In all of the amateur tower cases
I've seen,
> there has been no credible evidence of a reduction in property
values caused
> by the amateur tower and no facts that anyone could rely on to prove
that
> the tower amounted to a nuisance.  Here those facts were amply
documented.
> 
> Also, this case involved a commercial enterprise engaging a partial
> condemnation of an adjoining property and the destruction of the quiet
> enjoyment of a residential property from constant maintenance
activity.
> 
> I'd have a heck of a time trying to support a ham that wanted to put
a 100'+
> tower 22' from the back of his neighbors house!  That's not my
definition or
> reasonable or fair conduct.
> 
> I just don't see this as much of a precedent when it comes to
amateur radio
> towers.
> 
> 
> -----Original Message-----
> From: GALE STEWARD <k3nd@yahoo.com>
> To: Alan D. Gray <agray@voicenet.com>
> Cc: towertalk@contesting.com <towertalk@contesting.com>
> Date: Tuesday, February 23, 1999 5:07 PM
> Subject: Re: [TowerTalk] A Sad Precedent
> 
> 
> >
> >
> >
> >
> >Think your missing the point.  It sets a dangerous precedent for
tower
> >owners (US)!  If your neighbors decide they don't like your tower for
> >whatever reason, whether proved or not, they can sue and guess where
> >your tower will end up? Not up!
> >
> >
> >
> >
> >---"Alan D. Gray"  wrote:
> >>
> >>
> >> Greedy Attorneys?... Some advice: lose that "line of reasoning"
when
> >you ask
> >> your attorney to defend you when you're sued by your neighbor 
when he
> >> take's issue with your tower.
> >>
> >> Instigators?...Guess they had no right to complain if the cell
tower
> >lowered
> >> their property value?  A big corporation profits while they
> >lose...seems
> >> fair, right? ,,,and after all, it wasn't next to your house!
> >>
> >> Jurors? .... Guess they knew less about this whole mess than we do;
> >after
> >> all, we read all about it in the newspaper, so we were the ones
that
> >saw all
> >> of the evidence in an unbiased light (naw, newspapers never leave
> >out any of
> >> the details).  Couldn't have been more to it....
> >>
> >> Alan, W3BV
> >
> >
> >
> >_________________________________________________________
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> >
> >
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> >
> >
> 
> 
 

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