Albuquerque Journal (Albuquerque, NM)

Radio Towers Suit Tossed Out by Judge.

Byline: Jennifer Archibeque Journal Staff Writer

County Planning Board To Hear Building Dispute

A state District Court judge on Dec. 4 kicked a lawsuit involving two 140-foot ham radio towers out of the court system and into the lap of the Bernalillo County Planning Commission.

Second Judicial District Judge Wendy York ruled that the dispute among an East Mountains amateur radio operator, his neighbors and the county should be sent to the planning commission so the commission can clear up "ambiguous" language regarding incidental uses in its zoning code.

In August 1999, Bernalillo County gave ham-radio operator Gerald Smith permission to build two 140-foot radio antenna towers on his Crestview Lane property, about 2. …

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