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<br /> James S. Lyndon, Esq. , <br /> October 1, 1987 <br /> . Page Four - <br /> -------------------------- <br /> then amended its ordinance to specify permitted antennae <br /> heights at fifty (50' ) feet, but limited horizontal ele- <br /> ment lengths to a total of eight (8' ) feet, (thus permit- <br /> ting television, but not amateur antennas.) The District <br /> Court Judge issued a Preliminary Order prior to scheduled <br /> oral argument on cross-motions for summary judgment, in <br /> which he noted his belief that municipalities have an <br /> obligation, pursuant to the Amateur Radio Pre-emption <br /> Order, to cooperatively arrive at an accomodation for <br /> amateur antennas in zoning ordinances. Since the City had <br /> not afforded such an accomodation in the Thernes case thus <br /> far, the Judge stated he would evaluate the eVldence <br /> relative to Thernes' ability to effectively communicate <br /> nationwide and worldwide with his amateur station. After <br /> having further reviewed the relevant material, the City <br /> then indicated a willingness to agree to a consent judg- <br /> ment, a copy of which is attached. You will note that the <br /> . Consent Judgment provides for a tower height of sixty-five <br /> (65' ) feet and further provides for use of an antenna <br /> capable of covering the 10, 15 and 20 meter amateur radio <br /> bands on the top thereof, <br /> As you will note, the request of Mr. Kahnke in the instant <br /> case, is substantially more modest than that ultimately <br /> agreed to in Thernes. <br /> Finally, I direct your attention to Village of St. Louis <br /> Park v. Casey, 16 N.W.2d 459. This case was decided by <br /> the Minnesota Supreme Court in 1944. The essential issue <br /> is whether the erection of radio poles (towers and anten- <br /> nas) was a use customarily incident to a residential <br /> establishment so as not to be within the prohibition of a <br /> village zoning ordinance. In that instance, the amateur <br /> radio operator sought to erect two towers, one sixty (60' ) <br /> feet in height, the other approximately thirty (30' ) in <br /> height. The Minnesota Supreme Court stated: <br /> "The use of radios in private residences <br /> is as common as the use of refrigerators. <br /> The court takes judicial notice of the <br /> custom of householders to use outside antennae <br /> or aerials for reception. This custom may <br /> . be waning on account of the improvement of <br />