Tower Win

[Steve - WB3HUZ]

The dude should sue his neighbors for the court costs.

===
RADIO LAW: MD SUPREME COURT TURNS AWAY TOWER CASE - BIG WIN FOR HAM

The Maryland Supreme Court has declined to hear the case involving a set of ham radio towers on in the town of Poolesville. That’s good news for the ham who has been fighting to keep them. Amateur Radio Newsline's Bruce Tennant, K6PZW, explains:

--

The Maryland 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 clain 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 Board’s 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 Evans’ land. 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.

For the Amateur Radio Newsline, I'm Bruce Tennant, K6PZW, reporting.

--

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. Its been on hold until the administrative case concluded. (Gazette.net)

[k4kyv]

Particularly because he  has 44 acres.  Not exactly a postage stamp sized city lot  where there might be safety issues.  If they don't like the looks of the towers, that's their problem, not his.  He should haul them to court for filing a frivolous lawsuit.

Looks like it may have been the lawyers who made out in this case.

[w3jn]

There's another issue here.  The ham lives in an "agricultural preservation area" meaning you can't subdivide your land into townhouse lots, etc., and must maintain some agricultural activities.  The neighbors are P&Ming because they have all kinds of restrictions on their land use and he "just galivants in and does whatever he wants."

http://www.washingtonpost.com/wp-dyn/articles/A11812-2004Aug18.html

[K3ZS]

It's an "antenna farm".   That is an agricultural use.

[W3SLK]

Yep, and the impact to the agriculture side is minimal. Nothing different than a cell phone co. putting up a tower in the middle of a corn field. Pretty common sight around here.

[WA1GFZ]

sounds like animal farm

[ka3zlr]

You could plant some "weed" and make everybody happy...depends on yer point of view i guess...160 grand to fight with yer neighbors...i throw up a doublet and get phone calls for free..LOL...

[k4kyv]

"This may be a catalyst for bringing about a closer review of structures like this," Zawitoski predicted.

This case could ultimately lead to stricter laws and regulations nationwide making it more difficult for everyone everywhere to erect towers and antennas.  Things like antenna restrictions tend to take hold in one locality and then spread like wildfire nationwide just like an infectious disease.  It's not mere coincidence when similar restrictions on what one can do on one's own property pop up almost simultaneously in New England, Georgia and California.  State and local governments have their own "unions", e.g. the National League of Cities and The U.S. Conference of Mayors, where restrictive laws are promoted and ideas exchanged by local officials nationwide.  How else have nearly identical deed restrictions and HOA rules and regulations managed to find their way into practically every sale of new real estate anywhere in the country these days?

[Ed-VA3ES]

I live in a congested urban area of Ottawa. Two weeks after I put up my 56' tower, I get a call from the city's by-law officer asking to inspect my "installation".     He comes over and gazes at it, and declares it properly engineered and legal, except he wants brackets from the tower to the eaves.   (A  bad idea up here because any frost heaves might damage the roof.) So, I add some "fake" brackets to make him happy.     Turns out it was the neighbors directly in back of me who  complained.   

Those neighbors have since moved, and the new neighbors don't care.  The tower is  a vertical antenna farm, with  6M yagi, triband yagi, four assorted VHF/UHF verticals, and a  dipole.  There is  also a 10M 5/8ths at the side of the house, on my garage roof  on a 20' mast (which must be replaced with a TV tower because the westerlies are bending it towards the east).

Pics coming soon, when I buy a a nice Nikon D80! 

[Steve - WB3HUZ]

You have a 56 foot tower? Why are you always so pissweak?

I live in a congested urban area of Ottawa. Two weeks after I put up my 56' tower, I get a call from the city's by-law officer asking to inspect my "installation".     He comes over and gazes at it, and declares it properly engineered and legal, except he wants brackets from the tower to the eaves.   (A  bad idea up here because any frost heaves might damage the roof.) So, I add some "fake" brackets to make him happy.     Turns out it was the neighbors directly in back of me who  complained.   

Those neighbors have since moved, and the new neighbors don't care.  The tower is  a vertical antenna farm, with  6M yagi, triband yagi, four assorted VHF/UHF verticals, and a  dipole.  There is  also a 10M 5/8ths at the side of the house, on my garage roof  on a 20' mast (which must be replaced with a TV tower because the westerlies are bending it towards the east).

Pics coming soon, when I buy a a nice Nikon D80! 

[W3LSN]

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. Its been on hold until the administrative case concluded. (Gazette.net)

That guy lives only about 10-miles from me and the local fish-wrap has been following his case for several years. I'm glad he hasn't settled and agreed to take down his towers.
 
His general neighborhood is part of an agricultural preserve. While still semi-rural, it is popular with the "horse set" and the the "latte liberals" who are prone to moving into their new McMansions while where they graze a few animals so they can claim an agricultural tax credit. They then complain to the county about the smell of freshly fertilized fields from the "real" farmers who are their neighbors. I'm tempted to move there myself and open a pig farm somewhere upwind of the loudest complainers.


73, Jim
WA2AJM/3

[Ed-VA3ES]

You have a 56 foot tower? Why are you always so pissweak?

Diaperpole up at 55', but only use the ricebox now, until I can get the bo-dankers back on line. Whaddaya mean piss-weak?  My ricebox puts out about as much power as a Johnny Ranger!

[w3jn]

Carroll County,MD has a "right to farm" law which precludes lawsuits, etc., against farmers doing their normal duties (combining at night, fertilizing with manure, etc) by the McMansion idiots who move into a rural area for the good life then try and change it to suit their ideals.

Ask anyone in Montana what's happening with all the Californians who've moved there.  ANd Todd KAQ could tell a story about city slickers moving to Verminmont and changing it.

[WA1GFZ]

McMansion liberals not here. They tend to be no class greedy SOBs who think the road should part for them. Once they take over a town everything changes. My place at the beach is  the prime example. There was a time when if you stepped off the sidewalk traffic would stop dead allowing the person to cross. Now the volvo bmw gang will run you down because they are in a hurry you know. Rude rotten people who think the world owes them a ride because they are one notch better than everyone else.
We need new schools, pools stuff for our kids to do because we are too busy to raise them. We need drugs to keep them quiet.

[ka3zlr]

If not for Elitism, what measure would there be for normalcy...

For that matter what is Normal...

[KB5MD]

Another fine example of some do-gooder SOB sticking their nose into someone else's business. 

[flintstone mop]

I remember Poolesville when I was living in Marlyand. A lot of yuppies and wanna-bees.
I'm sure it's a beautiful site.
We should always work hard to have legal limit and the best antenna out there to keep the ether calmed down from the QRM/QRN folks and Ma Nature.

Fred

[Todd, KA1KAQ]

Amazingly Steve, someone did the very same thing here with a big commercial tower. The station owner was Ed Stokes, a ham who moved here from California and ran a pair of local AM/FM stations. Vermont has very strict (ridiculous, actually) guidelines referred to as Act 250 covering land use. Part of it is a lengthy permitting process where you must present your case, meet all requirements, and wait for x number of days after it's been publicized to allow neighbors and the public in general to respond.

Well, the project made it through and was approved. The tower was built, then some  'neighbors' (transplanted citiots*) decided to complain and try to appeal. They got a good lawyer and by golly, they got their way in the start. Cost Ed a lot of time and money to fight to keep a tower that had already been approved and built.

They then complain to the county about the smell of freshly fertilized fields from the "real" farmers who are their neighbors. I'm tempted to move there myself and open a pig farm somewhere upwind of the loudest complainers.

They do the same thing here, and have managed to get a few farmers fined for dribbling manure off the back of their spreaders as they move from one field to another, across the highway.

Funny story about pig farms: Anyone familiar with Stowe VT knows that it's a resort area, full of yuppie types and similar. Well, one landowner tried to get a permit for use of his own property for some kind of business the flatlanders didn't feel was worthy, so they fought him and won. Not to be deterred, he researched a bit and discovered that farming was allowed, and promptly set up a pig farm on the Mountain Road, complete with run down mobile home! It stunk to the high heavens, especially in summer. Try as they may, the citiots couldn't get rid of him. Not sure what ever came of the place, but I bet the fools who complained about his other business wished they hadn't. 

  ANd Todd KAQ could tell a story about city slickers moving to Verminmont and changing it.

Their latest brilliant idea (after bitching for clean energy sources like wind power) is "ridge line protection" to prevent anyone putting up a windmill, cell tower, whatever else might spoil their view. These people are the epitome of hypocrisy. It shows in everything they say and do. Like former Governor Howard 'Screamin' Dean's Clearcut law to prevent loggers from cutting tracts of land over a certain size. He pushed for it and got it passed, signed it into law, then clearcut the large tract of land he owned up north and sold the lumber before the law went into affect. "Do as I say, not as I do". He's the perfect candidate for his current job. IIRC, Howie is from The Hamptons in NY.

*citiots: idiots from the city, not simply anyone from the city. They run away from the political and economic disasters they create in their home states to some 'quaint', quiet place where they immediately begin the same, failed process all over again. The most recent mutation of the 'flatlander' your parents referred to. 

[W1RKW]

I concur Frank.  I see it everytime I visit my folks in Waterford.  The NYC brats think they run the town and own the road.  I saw this coming years ago.  Now it's like a disease down there. I'd like to move back there but I'm having 2nd thoughts and now I'm seeing it here too. They're the plague as far as I'm concerned telling how the locals should do things.  It's been a while, I need a new vehicle and I'm due for a hard brake job.

McMansion liberals not here. They tend to be no class greedy SOBs who think the road should part for them. Once they take over a town everything changes. My place at the beach is  the prime example. There was a time when if you stepped off the sidewalk traffic would stop dead allowing the person to cross. Now the volvo bmw gang will run you down because they are in a hurry you know. Rude rotten people who think the world owes them a ride because they are one notch better than everyone else.
We need new schools, pools stuff for our kids to do because we are too busy to raise them. We need drugs to keep them quiet.

[Bill, KD0HG]

The county I live in also has a "Right to Farm" law. It states, in part, that farmers are immune from lawsuits due to normal smell, equipment noise, dust, etc. This was passed in response to several meritless lawsuits being filed.

What people want is to move to an area full of simulated farms and petting zoos.
With lots and lots of covenants.

[ka3zlr]

I take great interest in the actions of the mindless, envirobots..I live on a farm enjoy it immensely, great for my kids...Love the Space...I like to grows things...excersize is good food...

Prior to attending any meetings locally, i take great pains, the night before, consuming a few tins of Sardines -in Mustard sauce- naturally.. a few hardboiled eggs and a general portion of a high sugar beer such as Budweiser...

The next evening i am prepared in adding any comments..on demand.. ..physically...to any of them that come to close to my space...

Nature is wonderful...But Gas is a beautiful thing...

Preparedness does not necessitate only Knowledge, but inovative Action as well__ZLR..

[w3jn]

 

Just like going to a hamfest, Jack!

[ka3zlr]

  Hi John...how are you...

 I just get frazzled with the actions of these people, maybe i been on the farm to long...

 Down through the years I've been to a few of these things in our area here and it amazes me the convinced mind set of these folks..with the way things are going brother, it isn't a bad idea to think a small garden..maybe a small chicken coup...Hey diesel is at 4.09 a gallon now.....I'm not afraid to admit I Can and save for the winter..my land is mine...ya'll mind your own house...don't need a time or date on grass mowing...

 But when i'm in their company, they know Zed L R's in the room...I believe in what Gandhi said..Passive Resistance brother...But he never said a thing about modification to Free Air Space...

73 John.