ARLA/CLUSTER: Tribunal dos E.U.A. autoriza instalação de torre a Radioamador.

[João Gonçalves Costa]

[http://tbn0.google.com/images?q=tbn:zdwH_B-md3ij_M:http://www.arrl.org/news/features/2001/12/19/1/chris_tower_1-lrg.jpg]<http://images.google.pt/imgres?imgurl=http://www.arrl.org/news/features/2001/12/19/1/chris_tower_1-lrg.jpg&imgrefurl=http://www.arrl.org/news/features/2001/12/19/1/&h=480&w=360&sz=43&hl=pt-PT&start=3&sig2=PDDEqGdHxg9_wFhCP1yF4A&tbnid=zdwH_B-md3ij_M:&tbnh=129&tbnw=97&ei=FzzVR_aRKZWmwwHz37SbAw&prev=/images%3Fq%3Dseveral%2B100%2Bfoot%2Band%2Bhigher%2Bradio%2Btowers%2Bas%2Bpart%2B%26gbv%3D2%26hl%3Dpt-PT%26sa%3DG>[http://tbn0.google.com/images?q=tbn:UuIDqlQCXlFaGM:http://www.dg4mcb.de/qsl/qsl_n3hbx.jpg]<http://images.google.pt/imgres?imgurl=http://www.dg4mcb.de/qsl/qsl_n3hbx.jpg&imgrefurl=http://www.dg4mcb.de/qsl/qslcollection.html&h=250&w=392&sz=19&hl=pt-PT&start=4&sig2=ACXB6JYNnOj6NEKBED6mjA&tbnid=UuIDqlQCXlFaGM:&tbnh=78&tbnw=123&ei=bjzVR7vDB4XiwgHSwISFAw&prev=/images%3Fq%3DN3HBX%26gbv%3D2%26hl%3Dpt-PT%26sa%3DG>[http://tbn0.google.com/images?q=tbn:-xMpQz_9QC6sgM:http://www.pvrc.org/Powerpoint/N3HBX_files/n3hbx.jpg]<http://images.google.pt/imgres?imgurl=http://www.pvrc.org/Powerpoint/N3HBX_files/n3hbx.jpg&imgrefurl=http://www.pvrc.org/&h=128&w=193&sz=7&hl=pt-PT&start=7&sig2=hleojlwvz_tEizis_y-Lew&tbnid=-xMpQz_9QC6sgM:&tbnh=68&tbnw=103&ei=bjzVR7vDB4XiwgHSwISFAw&prev=/images%3Fq%3DN3HBX%26gbv%3D2%26hl%3Dpt-PT%26sa%3DG>
Big win for radio ham!

The Supreme Court has declined to hear the case involving a set of ham radio towers in the town of Poolesville. That's good news for the radio amateur who has been fighting to keep them.

Amateur Radio Newsline's Bruce Tennant, K6PZW, explains:

The Supreme Court has decided against being involved in the case where neighbors of John Evans, N3HBX, had sued after he obtained a permit and installed several 100 foot and higher radio towers as part of a contest station. The neighbors claimed the installation would devalue their property and that the installation was an eyesore.

The case began back on August 30th, 2004 when neighbors of Evans antenna farm went to the Board of Appeals on Aug. 30, 2004, less than a month after construction began on the towers. The Board dismissed the neighbors' complaint that the tower permit was issued in error in November 2004. It said that the 30 day window of opportunity to appeal the permit had passed. The permit had been issued June 23rd, but the neighbors claim they first learned of the project when construction equipment arrived on August 5th .

Two neighbors of Evans 44 acre property, Thomas Burruss and Alan Gaunoux, filed the lawsuit in August 2004. The case eventually wound up in the Maryland Court of Appeals, which upheld the Boards original finding that the neighbors were too late to contest the permit.

It did instruct the appeals board to decide if not notifying the neighbors had denied them of their due process property rights. The board found that the neighbors did not have any due process rights to Evansland. This is the decision the neighbors ultimately took to the Supreme Court.

According to the lower court findings, Evans, who said he has spent $160,000 in legal fees, was within his rights to build the towers and followed the proper procedures. The county permitted the towers as an allowable accessory use, much like a swimming pool, detached garage or shed, according to county Board of Appeals documents and other published reports.

His attorney Steven Van Grack says that as a matter of law, the towers were constructed legally.

Though the Supreme Court ruling was the end of the road for the administrative case, the neighbors also filed a civil lawsuit against Evans in Circuit Court in August 2004.
It's been on hold until the administrative case concluded.

Bruce Tennant, K6PZW
Amateur Radio Newsline

Fonte: ARNewsline, Gazette.net
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