[BC] Short AM Tower

[Cowboy]

On Thursday 03 January 2008 09:37 pm, Tom wrote:
>  Not really - the FCC Rules trump all local ordinances in that regard.  

 Perhaps your legal experience is more inclusive than my real-world
 experiences in this regard, as my experience tends to suggest that
 such is very much not the case, both in theory and practice.
 What you state is a widely held misconception which will seldom
 win without vary careful and competent legal representation.

>  More interspersed...
>  
>  Cowboy wrote:
>  
>  SNIP
>  >  Yeah, actually they can !
>  >  It depends on the jurisdiction. The New Hampshire case applies
>  >  in New Hampshire, but not necessarily any where else. 
>  >   
>  That link again is:
>  
>  http://www.courts.state.nh.us/supreme/opinions/2002/0212/koor152.htm
>  
>  And ANY case anywhere in the country can be cited as case law during the 
>  argument, or whatever the legal term is for giving your side of the 
>  case. 

 But does NOT obligate any court of any other jurisdiction to comply with the
 opinion ( note that it's always an opinion ) of any court that does not have
 jurisdiction.
 It used to be assumed that courts would generally follow precedent, but
 the last 30 years or so have established a great deal of precedent of
 courts ignoring precedent and doing whatever they like.

 I, for one, would not wish to base any argument solely on the regulation of a
 political agency whose regulations have been overruled by many court
 decisions in recent years. 

-- 
Cowboy