Doc.#28

Committee Members: Director Jay Bellows, KØQB, Chairman; Director Frank Fallon, N2FF; General Counsel Christopher Imlay, W3KD; Jim O'Connell, W9WU; Staff Liaison Brennan Price, N4QX.

Introduction

The committee is charged with evaluating individual requests for financial assistance from amateurs involved in antenna litigation. In evaluating requests, the committee utilizes criteria adopted by the Board at Minutes 33 and 34 of its July 2000 meeting. The sole source of funding awards is the ARRL Antenna Defense Fund.

The evaluation criteria limit funding to appellate proceedings likely to result in favorable precedents for a significant number of Amateurs. The Amateur community is becoming aware of the existence of the committee, although there has been some misunderstanding of the funding criteria, particularly the general inability of the committee to fund trial court level litigation.

Status of Previous Grants

In the second half of 2001, the committee voted to provide funding of $7,500 to Barry and Kathy Gorodetzer, following a very favorable CC&R decision by a Florida trial court. Unfortunately, this decision was reversed on appeal of the Emerald Estates Community Association to Florida's Fourth District Court of Appeals. While the case was not a total loss (it is likely that Gorodetzer will be allowed to erect an antenna pe once the remand proceedings are complete), the appellate court did uphold previous Florida cases, which found that CC&Rs are to be viewed with a strong presumption of validity, and found that Gorodetzer had not overcome this presumption.

Recent Committee Activities

The committee considered a funding request filed by Gerry Smith, W6TER, of Edgewood, New Mexico. Mr. Smith's request was denied on February 26, and his request for reconsideration was denied on March 8. Mr. Smith is appealing a trial court holding that his installation of two 140-foot towers was not "customarily incidental" to residential use, and that Bernalillo County could therefore rescind the building permit it claimed to have erroneously granted.

Funding was denied for two principal reasons. First, Mr. Smith is appealing to the New Mexico Court of Appeals, and state court decisions are of limited precedential value. Second, the issue is largely dependent upon the interpretation of what is "customarily incidental" to residential use under New Mexico law.

The committee remains ready to review and evaluate requests for assistance on an ongoing basis.

Jay Bellows, KØQB
Chairman