Supreme Court Says Ham Cannot Collect Legal Fees In Commercial Tower Case

The United States Supreme Court has told a California a ham radio operator that he cannot collect attorneys' fees and damages in a dispute with local government over building a commercial two-way radio tower.
Bill Pasternak, WA6ITF, reports:

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In a 9 to 0 decision released on Tuesday, March 22nd, the court said Mark Abrams, WA6DPB, is not entitled to money from an earlier court battle against the city of Rancho Palos Verdes in which Abrams obtained a permit for a 52 foot antenna support system on his property.

Abrams' lawyer had argued that although the Telecommunications Act doesn't specifically grant attorneys fees and damages, Abrams is entitled to them under a different portion of federal law. But the attorney for Rancho Palos Verdes said that attorneys' fees had hit $15 million which is roughly the annual budget of the seaside town. The town lawyer argued that if municipalities faced the prospect of huge damage and fee payments if they wrongly denied a wireless antenna or cell phone tower application, few would ever say no.

The court agreed with Rancho Palos Verdes in this. In denying Abrams it pointed to the potential financial implications for municipalities around the country. The Supreme Court also said that Abrams' legal argument about using a different federal law to enforce the telecommunications act would distort the scheme of expedited judicial review and limited remedies.

For the Amateur Radio Newsline, I'm Bill Pasternak, WA6ITF, in Los Angeles.


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The bottom line is that Abrams gets to keep and use his tower atop Rancho Palos Verdes, but he, not the town has to foot all of his legal expenses in the case. For other hams in antenna battles it could mean not ever being able to recoup the coust of legal counsel in these fights. (WA3VJB, others)

Source: Amateur Radio Newsline™ Report 1441