Subject: (Carney) Re clues for avoiding lawsuits (fwd)
Date: Mon, 22 Mar 1999 034851 -0600 (CST)
From: "Roy L. Beavers" <rbeavers@llion.org>
To: emfguru <rbeavers@llion.org>
--------------------------------------------------
This message is in MIME format. The first part should be readable text,
while the remaining parts are likely unreadable without MIME-aware tools.
Send mail to mime@docserver.cac.washington.edu for more info.
---559023410-851401618-922096131=:2373
Content-Type: TEXT/PLAIN; CHARSET=us-ascii
Content-ID:
.....Here is some more good 'legal' discussion from Deb Carney(Esq.)
Roy Beavers (EMFguru)
rbeavers@llion.org................
...It is better to light a single candle than to curse the darkness...
.................PEOPLE ARE MORE IMPORTANT THAN PROFITS...............
---------- Forwarded message ----------
Date: Sun, 21 Mar 1999 20:06:26 -0700
From: Deb Carney
To: Alan Archambeault ,
Cc: "Roy, Beavers,"
Subject: Re: clues for avoiding lawsuits
Alan, I'm going to refer you to some seasoned cell tower warriors
because our fight involves TV and FM radio broadcasting antennae and we,
unlike cell tower opponents, can openly and effectively oppose these
broadcasting antenna on the grounds of perceived health threats. (Bert
Dumpe, Janet Newton, Libby Kelly, etc ) Also, in Colorado, we have anti
"slap" suit laws that protect non-profit groups from being sued for
speaking out.
I am hearing some stories about problems where states do not have such
laws. Usually what you say in court is protected from slander and
libel, so long as you are not lying and have a good faith basis in what
you say.
If you have a good-faith basis for your testimony, you should be ok. (at
least from my experience in Ks. and Colo. courts) If the cell tower
people sue you for saying what you think is true, they run the risk of a
countersuit for abuse of process and for a frivolous lawsuit.
Just as the owner of the place where they want to put the cell tower has
property rights, so do you. You have the right to enjoy your property
free from the civil trespass of EMR coming from their property at levels
that you reasonably believe will reduce the value of your property.
I do not have Blake Levitts e-mail address, but I think she would have
some very good advice for your situation. I thought that I heard that
Mass. has it's own special agency that works on these things. I think
that they even have a web site.
Do not forget to network with politicians (State and Federal) , the
press, your own community and the EMR group. Perhaps you can find
realtors and certified real estate appraisers who can back up your claim
of damage to your property values if the cell tower is placed there.
Electrical engineers may be able to measure simular equipment and
provide calculations on what amount of EMR you would experience.
Alan Archambeault wrote:
> Hi I livenon Cape Cod and am fighting a cell tower going up in our
> neighborhood. We have been speaking out at public hearings and town
> meetings to try and convince the town to remove this residantially
> located parcel from the cell tower overlay district zone. Some
> residents are concerned at lawsuits from the telecommunications
> industry if we say anything too harsh. do you have any hints on how to
> avoid this. One point we would like to make is that if we are forced
> to have a tower in our historic town it should be on town property
> where we can reap the monetary benefits. Would this be an ok argument
> or is it legally somehow unfair to the private landowner who wants to
> put up a tower. Also when speaking against the telecom industry and
> theway they are not looking out for the best interest of our town but
> rather their own profits when does a comment become slanderous? Any
> help you can give us would be much appreciated. We definately feel
> like the little folks battling the big giants.
---559023410-851401618-922096131=:2373--
Archive provided courtesy of WaveGuide, http://www.wave-guide.org
Reprinted with permission of Roy Beavers, http://www.feb.se/EMF-L/EMF-L.html