Forum Discussion
wa8yxm
May 17, 2014Explorer III
If a law has been on the books for more than a decade, and has been, in the words of the letter's author "Little enforced"... It might be wise to challenge it in court.
There have been several cases in assorted states where a law from 20-50-90 years ago was suddenly enforced for the first time in living memory and the judge basically tossed it. Saying "All or nothing".
Another trick is to do a drive by on the comissioner's residences and see how many violations you can photograph (FROM THE STREET or Sidewalk)
True story: One city granted a Temporary waiver allowing an antenna tower to be built (You can not grant a TEMPORARY waiver for a building.. For it's construction yes, but once built it's built, you can not refuse to renew the waiver after it's built)
Seems the tower was too tall, city had an ordiance "Nothing more than xx feet tall"
The attorney for the owner of the tower did a drive by with sextant on every house belonging to the city comission and guess what. EACH AND EVERY ONE OF THEM was in violation of the ordiance. Judge sided with the owner of the tower. NOTE: This was in Michigan and thus NOT of any precidence in CA but... Who knows.. I do have the address of the lawyer, or rather the ability to find it (Have actually visited his office.. as a messenger)
There have been several cases in assorted states where a law from 20-50-90 years ago was suddenly enforced for the first time in living memory and the judge basically tossed it. Saying "All or nothing".
Another trick is to do a drive by on the comissioner's residences and see how many violations you can photograph (FROM THE STREET or Sidewalk)
True story: One city granted a Temporary waiver allowing an antenna tower to be built (You can not grant a TEMPORARY waiver for a building.. For it's construction yes, but once built it's built, you can not refuse to renew the waiver after it's built)
Seems the tower was too tall, city had an ordiance "Nothing more than xx feet tall"
The attorney for the owner of the tower did a drive by with sextant on every house belonging to the city comission and guess what. EACH AND EVERY ONE OF THEM was in violation of the ordiance. Judge sided with the owner of the tower. NOTE: This was in Michigan and thus NOT of any precidence in CA but... Who knows.. I do have the address of the lawyer, or rather the ability to find it (Have actually visited his office.. as a messenger)
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