[arrl-odv:19649] Alec Zubarau v. City of Palmdale, CA; Court of Appeals Decision

Greetings. Late last week, the California Court of Appeals issued a very strange decision in the Zubarau antenna case. It has certain good aspects and one particularly bad one. There have been a number of reactions to this decision already, including some rather strident ones from the San Diego area. I am including a copy of the decision (including the gratuitous photos at the end, which illustrated the size of the antenna -- a factor that apparently shocked at least one of the three judges that heard this case) in case you want to read it for yourselves. I have a conference call this morning with Len Shaffer, the VC who valiantly has worked on this case entirely pro bono so far. I will have a full report for the Board on this shortly, but in the meantime, please bear with us while we sort this decision out and come up with a strategy that Len can accept as being in the best interests of his client, and for Amateur Radio in California and elsewhere. It may well involve a further appeal to the California Supreme Court. 73, Chris W3KD Christopher D. Imlay Booth, Freret, Imlay & Tepper. P.C. 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD@ARRL.ORG
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Chris Imlay