[TowerTalk] Tower lawsuit

[Eugene Jensen]

 I belive at this piont you need to speak with a good lawyer. You want to
win call Fred Hopengarten K1VR. I read his book cover to cover and in Horry
County SC we have on the books a Ham can have 2 100 foot towers. Did my
homework. Wish you the best of good luck. Gene K2QWD
 

-----Original Message-----
From: towertalk-bounces at contesting.com
[mailto:towertalk-bounces at contesting.com] On Behalf Of Drax Felton
Sent: Thursday, February 02, 2012 9:16 PM
To: towertalk at contesting.com
Subject: [TowerTalk] Tower lawsuit

I thought this might interest you all as tower owners.

If anyone knows of other materials in my defense please forward them.

 

This a letter I sent to the ARRL:

 

 

 

Dear ARRL,

 

I would like to request the ARRL write a clarification letter on its
letterhead to help me with an issue.

 

My neighbors have served me with a civil summons regarding my antenna tower.

 

We have a deed restriction that says that "no transmitting or receiving
tower or antenna (other than those normally used for customary household
radios and appliances) shall be permitted, and any satellite dish receivers
must be located on the rear one-third of the lot."    

 

Since the crux of my defense is around what is "customary" to use at home I
was hoping to get the ARRL, the national association for amateur radio, to
document for evidence that it knows that ham radio has been a "customary
household appliance" for around a 100 years.

 

Their complaint also says that since I have an FCC license that makes my
radios outside the normal custom of households too.  Clearly misinformed.

 

They also complain that if my tower falls it will land on other properties,
which is impossible on my 2.5 acre lot, given the distances to the property
lines.  The tower we're talking about is a double guyed, 60 foot stack of
Rohn 25 with a HF Yagi on it.  Not a superstructure.  Even if it could fall
its entire length it wouldn't even hit my own house.

 

I thank you for your help,

 

ARRL Member, KB3X,  Drax Felton

 

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