From:
Fred Hopengarten K1VR 617/259-0088
Six Willarch Road
Lincoln, MA 01773-5105
permanent e-mail address: fhopengarten@mba1972.hbs.edu
On Mon, 13 Oct 1997 20:22:02 -0700 Ed Sleight <k4sb@worldnet.att.net>
writes:
>First of all, how do you get a city attorney to write a letter
>exempting
>something that isn't even covered? Zoning ordinances are on the books
>by date. If there isn't one now, how do you go about getting an
>exemption
>for something that does not exist?
K1VR: First answer: Hire an attorney. We obtain letters from others
all the time. Here's how you do it:
1. Draft the letter that you would like written. Remember this motto:
"If you don't know where you are going, any road will take you there."
Make the letter as narrow and as short as possible. Don't put in anything
which does not apply to you. Limit it to the present, and limit it to the
Town's ordinance. (Don't ask him/her to comment on state law.) Here's a
typical text of something written for someone else:
Dear Mr. Neader:
You have asked if a building permit is required for a
self-supporting xx foot amateur radio antenna support structure in an R-1
district here in LaCrosse. It is the position of this office that a
building permit is required for the concrete base, but that there is no
ordinance controlling construction above that, so long as it is for
non-commercial use by an FCC licensed radio amateur. No further permit is
required.
Sincerely,
2. Call the City Attorney and ask him his opinion of the situation.
while on the phone (or while visiting with him/her) go change the words
in the letter above to make them an exact quotation of the City
Attorney's words, or as close as possible.
3. Ask the City Attorney if he would mind "signing a letter to that
effect."
4. FAX or carry the text to the City Attorney RIGHT THEN.
5. Ask if you can come by to pick it up on City stationery this
afternoon.
6. Make a zillion copies and use at will. It is a sword and a shield.
>Secondly, while attorneys may be notoriously clever in dreaming up
>lawsuits, it should be kept in mind that counter suits to such are
>usually successful.
K1VR: "Usually successful" would overstate the case considerably, if my
experience is any guide.
> This neighbor, in distributing his "petition and
>fact sheet" has in all probability slandered Scott.
K1VR: A defamation of character law suit is a tricky law suit. Among
other issues, one must jump over "freedom of speech" hurdles and the
question of damages. In this situation, I suspect that the lawsuit would
be uneconomic.
>Maybe it's time to get on the offensive, rather than just laying back
>and letting the bad guys fire at you.
K1VR: I cannot recommend attacking the attacker. In my opinion (and I've
been in over 50 tower cases), the ham is always better off attacking the
claims made against him. I always tell my clients: "Put on the white hat
of innocence and never take it off."
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