Above is a copy of the "Final Judgment" from the civil complaint that was filed against the city that I live in (Cooper City, Fl.) and my wife and myself. It was filed on September 27, 2004 by my neighbors Arthur L. Baldwin, III and Laura M. Baldwin, and asked for a permanent injunction and damages (in excess of $15,000) and was based on common law private nuisance (i.e. aesthetics, rf exposure, disruption of view, decreased property values etc...) because I had erected a permitted antenna tower on my property. It also stated that I had received my permit improperly.
Ultimately on October 15, 2007 the Circuit Judge in this case ruled in favor of the city and stated that their complaint was preempted by federal law (PRB-1) and awarded Summary Judgment to the city. My part of the complaint had already been dismissed with prejudice for the same reason that it was preempted by federal law (PRB-1) back on October 4, 2006 during a hearing for our motion to dismiss.
The Final Judgment reads in part "IT IS ADJUDGED that Plaintiffs, Arthur L. Baldwin, III and Laura M. Baldwin take nothing by this action "
Luckily for me, I have a GREAT friend who just happens to be an attorney here locally and he represented me for FREE. This obviously means that I did not incur any legal costs. The only thing that it cost me was a little of my own time doing research down at the local legal library and sitting through some court hearings. I also had some great help from ham attorneys in Illinois and Massachusetts.
If any of you are in a similar spot and need some help or legal representation, let me know and I could try to point you in the right direction. I have plenty of good case law and I know of a very good attorney.
62090 Last modified: 2012-06-09 21:46:08, 2337 bytes
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