[TowerTalk] Antenna/Tower Legal Issues

[Jerry Muller]

I hope you're not referring to Marchand v. Hudson (the NH Supreme Court 
decision that protects hams).

Currently the only NH case law is Marchand. That case was my case and I have 
three 90 foot R-45 towers because of it. It's been used in several other 
jurisdictions.

A bit about how case law works. A state supreme court isn't binding outside 
the state but can be quoted outside the state. The NH Supreme Court did 
reference Pentel (a US Circuit Court ruling) that didn't apply in NH. They 
used it as a foundation for my ruling.

The California Supreme Court didn't however hear the case and issue an 
opinion so there's no precedent there. If they had heard the case and issued 
an  opinion, it would be different.

Although I'm not a lawyer, I've been through it first hand.

Jerry - K0TV
Not a real zero, I just play one on K0TV

----- Original Message ----- 
From: "Clint Talmadge W5CPT" <w5cpt at bellsouth.net>
To: "'Charles Coldwell'" <coldwell at gmail.com>
Cc: <towertalk at contesting.com>
Sent: Monday, April 25, 2011 1:46 PM
Subject: Re: [TowerTalk] Antenna/Tower Legal Issues


I disagree with Charles when he says that Robb, as a "5 lander" should not
be concerned about a court decision in California.  If for nothing else Robb
should stand with all hams in the spirit of solidarity.  And Robb should
also be concerned about court rulings being used as "set precedent"  as I
am.  I remember New Hampshire referencing a Massachusetts court finding to
deny a NH ham a tower permit.

Clint Talmadge - W5CPT


-----Original Message-----
From: towertalk-bounces at contesting.com
[mailto:towertalk-bounces at contesting.com] On Behalf Of Charles Coldwell
Sent: Monday, April 25, 2011 12:08 PM
To: Rob Atkinson
Cc: towertalk at contesting.com
Subject: Re: [TowerTalk] Antenna/Tower Legal Issues

On Mon, Apr 25, 2011 at 8:50 AM, Rob Atkinson <ranchorobbo at gmail.com> wrote:
> It doesn't matter. The Calif. Supreme Court let stand without hearing
> the appeal,

[ ... ]

> Rob
> K5UJ

As a resident of 5-land, it shouldn't matter to you!  The decision doesn't
matter outside the California border.

--
Charles M. Coldwell, W1CMC
"Turn on, log in, tune out"
Belmont, Massachusetts, New England (FN42jj)

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