Hi Michael,
My friend John in Thousand Oaks, California had a similar situation.
His neighborhood had CCRs, but the HOA had dissolved many years
prior to his application for a conditional use permit with the city. A
number of his neighbors protested at the public hearing held by the
zoning board, but his CUP was ultimately approved by the City
of Thousand Oaks. After his received the building permit, one of
his neighbors sued asking the court for an injunction to stop the
tower installation. He tried to use the original CCRs as the basis
for his claim. Ultimately, my friend got his tower (55' Tri-Ex crank-up),
but not until he dropped about $10K in legal fees fighting his neighbor
(the lawyer cost more than the tower). He used one of the local
ARRL recommended consuls to fight his case.
I strongly suggest you subscribe to the ham-law reflector and get
some advice from the lawyers who hang out there. Their are some
really sharp individuals on that reflector, many of whom have
represented clients in tower litigation:
Submissions: ham-law@altlaw.com
Subscribe and unsubscribe: ham-law-request@altlaw.com
Use "(un)subscribe" on a new line in the text.
Good Luck!
Mike, W4EF..........................
----- Original Message -----
From: "Michael Hatzakis, Jr" <mikehatzakis@yahoo.com>
To: "Contesting Lists" <towertalk@contesting.com>
Sent: Monday, December 23, 2002 8:31 PM
Subject: [Towertalk] I just want my tower
> FiestaOk guys, I am looking for advice, opinions or just support... In ham
> radio, I had always the goal/dream to put up a tower... alas, the turning
of
> my forth decade finally provided me the means to so... but...
>
> I am in a suburb of Seattle, Bellevue, which is very strict with building.
> They did, however, much to my surprise, admit that they had no
jurisdiction
> based on PRB-1. And she said she knew that because a month ago they just
> approved a building permit because the ham provided the whole document.
> Hats off to the ARRL. They also had no height limitations. I've reviewed
> my CC&R 18 different times and 15 different ways and it has no
restrictions
> or mention of antennas. There is no architectural control committee or
> association, the CC&R spelled out that these were defunct as soon as the
> plat was fully developed. But the CC&R was still in force.
>
> So, I thought I was set, was about to put the order in for the tower and,
> yes, a Force 12 (yippee), I decided to run my CC&R by a friend of mine
whose
> wife is a real estate attorney. She feels that neighbors can still sue me
> to enforce the CC&R under the assumption that prior cases about CC&R's
would
> hold since this one didnt provide any guidance about antennas. Or they
> could just sue based on their "read" of the CC&R. I have looked up the
> local ARRL attorney and am working with them also.
>
> Has anyone been in a similar situation? What are you thoughts? Advise?
> Clever ideas? I am still considering going to my neighbors and discussing
> it with them, but I am pretty sure there are a few that will certainly not
> approve and will try to block it. I've had two 35 foot antenna masts
> supporting my dipole for three years and no-one has complained.
> Unfortunately, I am at the base of a hill and the dipole just dosent get
out
> very well...
>
> Help?
>
> Michael
>
> Michael Hatzakis, Jr MD
> Physiatrist, Treating Individuals with Disability from Neuromuscular
> diseases
> Consultant, Computer and Internet Health Care Solutions
>
>
>
>
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> _______________________________________________
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>
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