LEE WICAL wrote:
> Isn't called "Grandfathering"?
> Lee
>
> At 02:22 PM 7/11/98 -0700, Stu Greene wrote:
> >
> >I think you better read the Fifth and Fourteenth Amendments to the
> >Constitution. Once erected legally, no matter what a municipality
> does, the
> >tower will not be illegal, assuming of course that it presents no
> threat to
> >public safety. To rule otherwise, a court would deprive a tower owner
> of
> >property and property rights without due process of law.
> >=================
> >At 09:09 PM 7/11/98 -0000, you wrote:
> > >But if the law said "all towers" must have permits after
> >>a certain date, I would say your old tower is included and must have
> a
> >>permit after that certain date.
> >
Stu. You are absolutly correct. A city can certainly inact an
ordinance with "look back" control and cities frequently do this. Stan,
should talk to the local city attorney. A good example are the many
sign ordinances inacted to clean up sign clutter in communities around
the country where in many instances businesses are required to take down
an existing sign and replace it with one that meets a new city code as
dictated by a new ordinance. If a city can do this to a business that
owns its own piece of property why not a home owner. Van K7VS
> >--
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>
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> >
> >
>
> --
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> Search: http://www.contesting.com/km9p/search.htm
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