[TowerTalk] CC&R Content Question

Pat Barthelow aa6eg at hotmail.com
Sun Mar 19 12:20:34 EST 2006

Hello John,

What obnoxious wording in the deed restrictions!

I think you, and all of us, would benefit if you contacted Phil Kane, ( 
K2ASP at arrl.net ) a frequent contributer/Expert/ex FCC offical in the Ham-Law 
Forum.  He may be able to quickly analyze your dilemmas, possilbly showing 
any illegal or unenforceable language in your deed restrictions, and provide 
expert guidance... The Ham-Law group may even put your issues up for 
discussion on their discussion group, reaping the benefits  of feedback from 
  a large Legal/Ham Brain Trust

And of course you should pick up the ARRL publication on Zoning, if you 
havent already..
Good Luck, keep us informed of events/progress.

73, DX, de Pat AA6EG aa6eg at hotmail.com;   Skype:  Sparky599

>From: John W <guildjw at yahoo.com>
>Reply-To: John W <guildjw at yahoo.com>
>To: towertalk at contesting.com
>Subject: [TowerTalk] CC&R  Content Question
>Date: Sun, 19 Mar 2006 07:50:53 -0800 (PST)
>I am currently looking for some land or house/land 2-6 acres in east Texas 
>so I can put upa tower(s). Seems almost every deed restriction I come to as 
>a minimum has the common wording containing some sort of language about "no 
>obnoxious activity that might be or could be considered a nuisance or 
>annoyance to the neighborhood"...
>Other then this one item in the restrictions there are no other 
>restrictions on antennas, towers etc.  All the locations I am considereing 
>our not within city jurisiction only county and they have no issues with 
>towers or tower heights.
>I have asked  two ARRL VC's to review the CC&R restrictions, deeds  etc.  
>Initially I have gotten two different points of view on this wording one 
>which says it could be used to sue me the other saying it can not.  I know 
>its just opinion and thats all I am looking for in trying to evaluate my 
>level of risk before I spend the money to move and put the tower up.
>Question here:  Has anyone on this reflector been sued or had that wording 
>above used against them successfully or unsucessfully to have a tower 
>FYI Tower setup would be ANWireless HD60 to HD80  with two large beams 12 
>feet apart with smaller UHF/VHF 2-3 above that.  Booms around 32-36 feet 
>longest element 42 feet, not a :small footprint system.
>If so I'd like to hear your story and get you opinions or comments.
>John  - W5EJ

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