HOWARD v. CITY OF BURLINGAME

Nos. 90-15048, 90-15050.

937 F.2d 1376 (1991)

Vernon HOWARD, Plaintiff-Appellee, Cross-Appellant, v. CITY OF BURLINGAME, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 19, 1991.


Attorney(s) appearing for the Case

Natalie E. West, Meyers, Nave, Riback & West, San Leandro, Cal., for defendant-appellant-cross-appellee.

Harold D. Caplener, San Jose, Cal., for plaintiff-appellee-cross-appellant.

Before HUG, POOLE and FERGUSON, Circuit Judges.


FERGUSON, Circuit Judge:

Vernon Howard, a federally licensed amateur or "ham" radio enthusiast, was denied permission to construct a 51-foot radio antenna in his back yard, and filed suit against the City. The district court found that the Federal Communications Commission ("F.C.C.") had partially preempted the City's zoning powers, and ordered the City to reconsider the application. Although the City then granted Howard's permit, he unsuccessfully sought to reinstate...

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