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EVANS v. BOARD OF COUNTY COM'RS

No. 92-1021.

994 F.2d 755 (1993)

D.R. EVANS, Plaintiff-Appellee, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOULDER, COLORADO; Gary Goodell, in his capacity as Chief Building Official, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 28, 1993.

Attorney(s) appearing for the Case

Robert E. Youle and Brian G. Eberle of Williams, Youle & Koenigs, P.C., Denver, CO, for plaintiff-appellee.

H. Lawrence Hoyt, Boulder County Atty., and Madeline J. Mason, Deputy County Atty., Boulder, CO, for defendants-appellants.

Before TACHA and BRORBY, Circuit Judges, and BROWN, District Judge.

BRORBY, Circuit Judge.

This appeal springs from a controversy between an amateur radio operator, D.R. Evans, and the Boulder County Board of Commissioners (County or Board) concerning the height of an antenna tower in a residential neighborhood. Evans desired a tower 100 feet high; the County decided thirty-five feet was sufficient; and the district court decided eighty feet was just right. We reverse.

I

Facts

Evans owns a home located...

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