[TowerTalk] Tower lawsuit

[Big Don]

People *customarily* talk to each other.  No question about that. Thus,
amateur radio is one aspect of Constitutionally Protected Free Speech.
 Furthermore, if your hearing is at all impaired (think all those ads
seniors get for hearing aids), you might argue CW is essential for your
ability to communicate effectively - now you can invoke the Americans With
Disabilities Act.  Salt your brief with those goodies and appeal it to the
Supreme Court.  Regardless of how it comes out, you'll be at the Top of the
Honor Roll before the dust settles on all the litigation....

Don  N7EF

On Fri, Feb 3, 2012 at 4:46 AM, Drax Felton <draxfelton at gmail.com> wrote:

> I did.  Was told by realtor and owners there weren't any.  Should've been
> more throrough.
>
> There is case law ruling that says that most people don't have tennis
> courts but that doesn't Make them not customary to have at home.  Amateur
> radio meets the dictionary definition of customary too.  As it was a long
> standing tradition of having been done at home.
>
> Then Common law here in North Carolina disfavors deed restrictions and
> case law and the state supreme court says that when ambiguous language
> exists in a restriction it must be interpreted towards free use of the land.
>
> Sent from my iPhone
>
> On Feb 3, 2012, at 3:46 AM, David Gilbert <xdavid at cis-broadband.com>
> wrote:
>
> >
> >
> > Doesn't anyone check out deed restrictions BEFORE buying a house
> > anymore?   Putting up that kind of tower and antenna in the face of that
> > deed restriction seems highly imprudent to me.
> >
> > This particular deed restriction is certainly worded pretty poorly, and
> > it may be possible to negate it by arguing that the description should
> > refer to the structure itself and not the corollary equipment that feeds
> > it, but even I as a tower owner would be hard pressed to agree that an
> > amateur rig represents a "customary household appliance" since less than
> > 0.5% of all households in the U.S. have one.
> >
> > Sorry if I don't sound very sympathetic, but it is actions like these
> > that fuel neighborhood resistance toward the rest of us.
> >
> > Dave   AB7E
> >
> >
> >
> >
> > On 2/2/2012 7:15 PM, Drax Felton wrote:
> >> 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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> >> TowerTalk at contesting.com
> >> http://lists.contesting.com/mailman/listinfo/towertalk
> >>
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> >
> >
> >
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