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<H1>Big win for radio ham!</H1>
<P><FONT face=Verdana>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. </FONT></P>
<P><FONT face=Verdana>Amateur Radio Newsline's Bruce Tennant, K6PZW,
explains:</FONT></P>
<P><FONT face=Verdana>The Supreme Court has decided against being involved in
the case where neighbors of <STRONG>John Evans, N3HBX</STRONG>, 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. </FONT></P>
<P><FONT face=Verdana>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 .</FONT></P>
<P><FONT face=Verdana>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. </FONT></P>
<P><FONT face=Verdana>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.</FONT></P>
<P><FONT face=Verdana>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. </FONT></P>
<P><FONT face=Verdana>His attorney Steven Van Grack says that as a matter of
law, the towers were constructed legally.</FONT></P>
<P><FONT face=Verdana>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. <BR>It's been on hold until the
administrative case concluded. </FONT></P>
<P><FONT face=Verdana> </FONT></P>
<P><FONT face=Verdana><STRONG><EM>Bruce Tennant, K6PZW</EM></STRONG><BR>Amateur
Radio Newsline</FONT></P>
<P><FONT face=Verdana>Fonte: ARNewsline,
Gazette.net</FONT><BR></P></BODY></HTML>