[TowerTalk] Ham operator racks up $15 million in legal fees, damages

[Craig Lekutis]

I find the TowerTalk posts to be quite informative regarding HOAs and other
community bodies restricting your ability to construct a tower. The problems
are aligned to what site acquisition specialists in the wireless industry
face every day.  

Last month the Supreme Court ruled 9-0 that ham operator Mark Abrams
(WA6DPB) was not entitled to attorneys’ fees and damages that were listed at
$15 Million. In 1989 the Rancho Palos Verdes, CA homeowner received
permission to put up a 52.5-foot tower on his property for amateur radio
service and to relay signals from other operators. They later said he was
using it for a commercial enterprise. He applied again for a second tower on
his property high above the Pacific. They turned him down when neighbors
objected. He appealed and won, but the court wouldn’t allow him to be
awarded attorney’s fees. He appealed that decision and won again. Then the
city appealed and it went to the Supreme Court.  

The March 22 decision will have ramifications not only in the commercial
sector, but for those enjoying amateur radio as zoning boards will
arbitrarily flex their muscles knowing that they can’t be sued for
attorneys’ fees and damages. There’s an extensive article on
http://www.wirelessestimator.com  detailing the multi-year costly battle as
well as the written opinion and consensus opinions. Abrams says he hasn’t
given up yet. 

Craig


-- 
No virus found in this outgoing message.
Checked by AVG Anti-Virus.
Version: 7.0.308 / Virus Database: 266.9.1 - Release Date: 4/1/2005