Your confusing the situation. In all of the amateur tower cases I've seen,
there has been no credible evidence of a reduction in property values caused
by the amateur tower and no facts that anyone could rely on to prove that
the tower amounted to a nuisance. Here those facts were amply documented.
Also, this case involved a commercial enterprise engaging a partial
condemnation of an adjoining property and the destruction of the quiet
enjoyment of a residential property from constant maintenance activity.
I'd have a heck of a time trying to support a ham that wanted to put a 100'+
tower 22' from the back of his neighbors house! That's not my definition or
reasonable or fair conduct.
I just don't see this as much of a precedent when it comes to amateur radio
towers.
-----Original Message-----
From: GALE STEWARD <k3nd@yahoo.com>
To: Alan D. Gray <agray@voicenet.com>
Cc: towertalk@contesting.com <towertalk@contesting.com>
To: <towertalk@contesting.com>
Date: Tuesday, February 23, 1999 5:07 PM
Subject: Re: [TowerTalk] A Sad Precedent
>
>
>
>
>Think your missing the point. It sets a dangerous precedent for tower
>owners (US)! If your neighbors decide they don't like your tower for
>whatever reason, whether proved or not, they can sue and guess where
>your tower will end up? Not up!
>
>
>
>
>---"Alan D. Gray" wrote:
>>
>>
>> Greedy Attorneys?... Some advice: lose that "line of reasoning" when
>you ask
>> your attorney to defend you when you're sued by your neighbor when he
>> take's issue with your tower.
>>
>> Instigators?...Guess they had no right to complain if the cell tower
>lowered
>> their property value? A big corporation profits while they
>lose...seems
>> fair, right? ,,,and after all, it wasn't next to your house!
>>
>> Jurors? .... Guess they knew less about this whole mess than we do;
>after
>> all, we read all about it in the newspaper, so we were the ones that
>saw all
>> of the evidence in an unbiased light (naw, newspapers never leave
>out any of
>> the details). Couldn't have been more to it....
>>
>> Alan, W3BV
>
>
>
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