Amateur radio tower case victory

ARRL member John Evans, N3HBX, says he'll go forward with plans to erect four 192-foot towers on a 44-acre farmland tract he owns near Poolesville, Maryland.

ARRL General Counsel Chris Imlay, W3KD, testified as an expert witness on Evans' behalf on September 9 when a Montgomery County Circuit Court judge denied a request for a preliminary injunction brought by Evans' neighbours in an effort to have his building permits for the structures rescinded.

"Thank you for your sterling support today!" Evans e-mailed Imlay after the ruling by Circuit Court Judge DeLawrence Beard. "I am sure it made a difference." While another court proceeding to deal with the interpretation of Montgomery County's zoning ordinance lies ahead, Evans' attorney, Steve Van Grack - a former Rockville mayor - has told him he's free to put up his towers - even at the risk that they might have to come down later if the courts ultimately rule against him. "And that is what I plan to do," Evans said.

Imlay says Judge Beard was not convinced by the assertions of Evans' neighbours that installing the four antenna support structures would result in irreparable harm, and he declined to grant an injunction to stop the project until its legality could be established in court. "The issue was whether or not a special exception - like a conditional use permit - is required or just the building permits that were issued by the County," Imlay explained. A conditional use permit would have required a public hearing. "Evans is not out of the woods yet, but this allows him to put up the towers," he said.

Judge Beard ruled only on the preliminary injunction request, however. The neighbours earlier had attempted to get a temporary restraining order, but that was denied by the Circuit Court August 30. In turning down the injunction request, Judge Beard said the towers could come down just as they went up - if that was his final decision - so any harm to the neighbours would not be irreparable.

The county granted Evans a building permit to construct the towers as accessory use structures on June 23. Evans reportedly paid just over $1 million for the property in March on the condition that a building permit for the towers be approved. He's also built a house on the property, which is within Montgomery County's agricultural reserve.

Evans' neighbours have strenuously opposed the DXCC Honor Roller's plans to put up the towers for his new contest station, and they told reporters the latest setback will not halt their efforts. Contending the tower project will destroy the "rural character of the area," more than 200 area residents signed a petition requesting a public hearing.

According to The Gazette newspaper, Evans has met with delegations of neighbours in an effort to accommodate their complaints - including an offer to plant trees to obscure the view of the towers. He also offered to remove the towers in 15 years when he'll be in his mid-80s and "probably no longer interested in pursuing the hobby," the news report said.

The Washington Post this week reported that neighbours didn't learn of Evans' plans until construction trucks began showing up at the site. Several neighbours have ceded their own development rights to the county to keep the area as agricultural open space. They suggest that Evans' tower project makes a mockery of the agricultural easements.

Source: ARRL Letter - courtesy of The American Radio Relay League

Other recent stories..