Subject:  Good Federal Court Cases, Maryland (Hawk)..
Date:     Wed, 17 May 2000 144724 -0500 (CDT)
From:     "Roy L. Beavers" 
To:       emfguru 
--------------------------------------------------



.......Kathy, first, I will look into further posting for folks like
you....  However, I guess I don't understand the problem you are having?
Are you not able - even to READ - website postings??  (like my Law/Legal
file?)

Now -- to the interesting case below.....  I believe that I am reading
ANOTHER example of the federal courts UPHOLDING the principle of
local jurisdiction in these tower siting cases.....  Right??!!

Cheerio  (And many thanks, Kathy......)

Roy Beavers (EMFguru)
roy@emfguru.com

.....It is better to light a single candle than to curse the darkness.....
                    NEW!!! Website... http://emfguru.com
...................People are more important than profits.................
                           

---------- Forwarded message ----------
Date: Wed, 17 May 2000 15:29:18 -0400 (EDT)
From: kathy hawk 
To: rbeavers@llion.org
Subject: Good Cases

H Roy:

Thought you would want to know that the U.S. Fourth Circuit has reversed
the district in Bell Atlantic Maryland v. Prince George's County.  The
district court had ruled that the county's telecom ordinance was
preempted by fed. law.  (See Bell Atlantic-Maryland, Inc. v. Prince
George's County, Maryland, 49 F.Supp. 2d 805 (D. Md. 1999).)

Rather than ruling on that issue, the Fouth Circuit held that the
district court should have addressed the state law issues raised by Bell
Atlantic, rather than deciding the case on fed. preemption grounds.  The
distict court will now take up Bell Atlantic's state law claims.

[....Kathy -- wasn't it the COUNTY that raised "state law" issue vice
Bell Atlantic....???.....  That would make more sense to me.....  Bell
Atlantic, surely, had no reason to raise the "local rights" issue.....??
......guru.....]

Roy, do you know that some of us with ES must use web tv rather than a
computer, and we are not able to get these cases over the internet.  Is
it possible for someone (don't ask Bert because she has never been able
to get a case with a computer,yet) to post new decisions like the one
just handed down in the Fourth Circuit, and the one handed down last
week in Maine? 

I called the dist clerk in Maine.  That opnion is $26.00, and it takes
time to get it.  He informed me that "Industrial Communications &
Electronics v. Falmouth Maine," Case No. 98-CV-397 PH is posted at