New Mexico amateur wins antenna case in state Supreme Court

Some good news for hams living in the "land of enchantment." The ARRL Letter reports that a pair of 130-foot antenna support structures on the property of New Mexico radio amateur Gerry Smith, W6TER, will remain.
This, after Smith's arguments to permit their construction prevailed in the state Supreme Court.

The high court opinion reversed a New Mexico Court of Appeals and District Court decisions that had ruled against allowing Smith to continue constructing the towers on his rural property.

In July 1999, the county issued W6TER a building permit but in December of that year ordered him to halt the project claiming it had erred in issuing him the permission. After the two lower courts agreed with the county, the case reached the states highest court. The New Mexico Supreme Court applied three standards of review and agreed with Smith on all counts. The high court said that the plain terms of the county ordinance indicate that Amateur Radio towers are exempt from height restrictions. Also that the county had previously interpreted ham radio antennas as customarily incidental, and that the county had failed to adopt a specific standard to preserve scenic value. The Court also said that if the county had wanted to prevent towers like Smith's, it could have expressly amended its zoning ordinance to include specific height limitations.

Smith bought his property in July 1999 after researching deed restrictions covenants and conditions and receiving assurances from county officials that his towers could go up. He also submitted a detailed, professionally prepared site plan. But After Smith got his building permit and began work on the tower project, the county attempted to shut it down, citing June 1999 amendments to its zoning ordinance that, the county asserted, had removed Amateur Radio antennas as an "incidental use" in a rural agricultural zone.

But the Supreme Court says that the county cannot stop a permit by changing the rules after the fact, and Smith has the go ahead to complete the project.

Bruce Tennant, K6PZW, Amateur Radio Newsline

Smith credits Albuquerque attorney and ARRL Volunteer Counsel, Ed Ricco, N5LI, for the successful outcome in this case.
(ARRL)

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