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GUSCHKE v. CITY OF OKLAHOMA CITY

No. 83-2599.

763 F.2d 379 (1985)

Charles M. GUSCHKE, Plaintiff-Appellant, v. CITY OF OKLAHOMA CITY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 28, 1985.

Attorney(s) appearing for the Case

Micheal Salem of Rawdon and Salem, Norman, Okl., for plaintiff-appellant.

Page Price Morgan, Asst. Mun. Counselor, Oklahoma City, Okl. (James R. Fuson, Acting Mun. Counselor, Oklahoma City, Okl., with her on brief), for defendant-appellee.

Christopher D. Imlay of Booth & Freret, Washington, D.C., for amicus curiae, American Radio Relay League, Inc.

Before HOLLOWAY, Chief Judge, McKAY, Circuit Judge, and KANE, District Judge.

KANE, District Judge.

Plaintiff-Appellant commenced this action seeking a declaratory judgment that the Defendant-Appellee city's blanket height zoning restrictions violated his rights under the Constitution and federal statutes. Plaintiff argued that the city's zoning restriction on the height of radio towers located in residential areas was preempted by federal regulation of amateur radio operation, an unconstitutional restraint on interstate commerce, and an unconstitutional...

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