These details were received at ARRL HQ today from the Browers
(presented here verbatim from their news release):
As of March 8, 1993, the appeal is pending and WA4NST and
N4XLF are still QRT except for 2-meter mobile or guest operations
at another ham's station. A fund has been established to assist
with their legal costs. Contributions to the Brower Legal Defense
Trust may be sent to:
James H. Laseter, N4ZYX, Trustee
2716 Robin Street
Ft. Pierce, FL 24982
[Note: Contributors should not assume that their contributions
are tax deductible.--AA2Z]
Details of the case are as follows:
David D. and Sharon T. Brower, WA4NST and N4XLF
respectively, of Vero Beach, Florida, recently lost a two-year
legal battle over their 68-foot radio tower and antennas. In the
Final Judgment for the plaintiffs (seven households) Judge
Charles E. Smith of the 19th Judicial Circuit in and for Indian
River County, Florida, has found the radio transmission to be a
noxious and offensive activity, the appearance of the tower and
antenna an annoyance and nuisance to the neighborhood, and
quoting from the Final Judgment, "This large, tall (87-feet)
tower and antenna sticks out like an eyesore to this subdivision
and neighborhood." Smith also broadly ruled that the tower is a
building that exceeds the two-story limitation for buildings in
the deed restrictions and limitations of the subdivision. The
deed restrictions are silent about antenna support structures.
Pending appeal, Smith has stayed his order to remove the
radio tower and antenna but has enjoined the Browers from further
radio transmissions from their home! If the Browers are not
successful with the appeal, this case will set a dangerous
precedent for any ham who has a neighbor that does not like the
appearance of his exterior antenna and alleges interference to
home electronic appliances. Like the Browers, the ham will be
ordered by the court to remove his tower and cease radio
transmissions.
Here's the latest from ARRL:
ARRL Counsel Chris Imlay, N3AKD, has been in contact both with
the Browers and their attorney.
It is well established that the regulation of radio transmissions
is within federal, not state, jurisdiction. The state court's
decision is being appealed. We're optimistic that the appeal
will be successful to the extent that the judge exceeded his
jurisdiction.
ARRL will participate to the extent requested by the Browers'
attorney, who is, of course, responsible for mapping the strategy
of the appeal on behalf of his clients.
Nothing is going to happen very quickly in this case.
73,
Mark Wilson, AA2Z
Editor, QST
mwilson@arrl.org
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