[SADXA] Neighborhood Flack

[Carl Foster]

I had a similar situation and thought that the neighbors were going to
resort to legal action. I contacted an attorney who specialized in land use
litigation. The two main points he gave me were: 

1. There are no Arizona Revised Statutes (ARS, or Arizona's state laws) that
cover anybody's "view." Any enforceable restriction on land use that
affected someone's view would have to be in a private contract, such as
CC&Rs. There is nothing anyone can do legally to force me to remove the
tower. Also, he did say that if I were sued, he would take the case and win.
Then he would counter-sue for attorney fees and court costs - and win. He
retired a few years ago so if it came up again I would need to find someone
else. 

2. He advised me to never ever answer any communication from a disgruntled
neighbor. Since I had unfortunately already done so, I stopped right then. A
day or so later the person who was instigating the revolt sent me an email
saying that she had arranged a meeting at her house with other neighbors and
I was invited. I never even acknowledged receiving the email and would never
attend such a meeting anyway. That was an excellent move. I eventually
received a petition signed by maybe 35 people asking that I lower the
antenna during daylight hours. I 3-hole punched it and filed it with the
tower permit and inspection papers without reading the full text or counting
the signatures. 

There was a little more whining and I lowered it from 52 feet to 36 feet
(half wavelength on 20 meters) except for contests when it is up all the
way. That stopped the whining, and I cannot tell the performance difference
between 36 and 52 feet. If I had it to do over I would get the 36-foot tower
that lowers to 11 feet so I could work on the antenna without renting a
bucket truck. The 36-foot tower is the same price as the 51-foot tower. 

The health risk issue is a red herring for sure. The comment about a
pristine desert scenery is laughable, and there is no evidence of property
values being lowered. 

Carl  KB7AZ 

-----Original Message-----
From: sadxa-bounces at mailman.qth.net [mailto:sadxa-bounces at mailman.qth.net]
On Behalf Of w7aqk
Sent: Sunday, December 30, 2018 3:22 PM
To: Southern AZ DX Association E-Mail Reflector
Subject: [SADXA] Neighborhood Flack


Hi All,

First, Happy New Year to all!!!!  Hope you are have a great holiday season.

The posting I have copied below came to me via a neighborhood reflector. 
Apparently several nearby neighborhoods besides mine, but in close 
proximity, are all connected.  Thus I get posts from/about things not 
necessarily in my exact neighborhood.

Anyway, as you can see, some fellow named Treister is stirring up the pot 
about one of his neighbors who lives on N. Spirit Dancer Trail and has a new

antenna/tower.   After a little sleuthing on QRZ.com, I determined that the 
"neighbor" about whom the complaint involves is N6ITY.  I don't know the 
gentleman, but I sort of wanted to warn him, in case he wasn't following the

same reflector.  Unfortunately, he has no email address shown on QRZ.com. 
Does anyone know him???  He's apparently a DXer, and possibly one of our 
members, but I don't think I recognize the call or the name.

If I'm not mistaken, he's not in Mr. Treister's development, but in one just

east of him.  I find that to be a bit ironic, as the only "neighbor" of mine

who ever "commented critically" about my antenna (an R8) is someone from the

development just north of me--not someone in my own development!!!

If anyone knows N6ITY they might pass this on.

Cheers, and again HNY!

Dave W7AQK




-------------------------------------------------------
  Jeff Treister, Sneller Hills

IMPORTANT: Electro magnetic radiation emitting shortwave radio Transmission 
Tower installed by neighbors at 2975 N. Spirit Dancer Trail. This presents 
health risks and property value concerns along with degredation of pristine 
desert scenery.

Documents . Dec 30 to 25 neighborhoods
 

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