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STILL v. MICHAELS

No. 2 CA-CV 90-0051.

166 Ariz. 403 (1990)

803 P.2d 124

Arthur R. STILL and Beatrice Still, husband and wife, Plaintiffs/Appellants, v. Joseph MICHAELS, III and Miriam R. Michaels, husband and wife; Radio License Number W4DDV, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied January 8, 1991.

Attorney(s) appearing for the Case

Roylston & Roylston by George R. Roylston, Tucson, for plaintiffs/appellants.

Gust, Rosenfeld & Henderson by Bruce L. Dusenberry, Tucson, for defendants/appellees.

OPINION

HOWARD, Judge.

Arthur and Beatrice Still appeal from an order dismissing their private nuisance action because the trial court lacked subject matter jurisdiction.

FACTS

The Michaels operate a "ham" radio at their home. Joseph Michaels is an amateur radio operator duly licensed by the Federal Communications Commission (FCC). See 47 CFR §§ 97.1 et seq. The Stills live next door to the Michaels and have experienced, among other...

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