Case Law

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Sworn Testimony of Real Estate Appraisers, Community Officials and Community Members Tower Fall, Regarding Property Devaluation, Real Estate Tax Reduction, Health Problems, and Endorsing the Precautionary Principle for Public Health and Safety in Jefferson County, Colorado District Court cases.

R 6110-24 (1999) and PowerPoint (2003) Bob Barrett is a registered professional engineer and certified consulting engineer who lives on Lookout Mountain near broadcast towers. Mr. Barrett’s 1999 testimony analyzes in exacting detail how this proposal for a 500,000- pound 854-foot supertower violates Section 15 of the Jefferson County zoning regulations for tower fall safety zone. The broadcasters’ expert contends that should the tower collapse, all debris will fall within an area that extends out only 25% of the tower height. Twice, broadcast towers under construction have fallen over on Lookout Mountain.

R 6126-30 (1999) and R 11727-29 (2003) Ronald Selstad, registered real estate appraiser, presents a report of real estate tax records showing potential tax losses to the county. He points out the real estate code of ethics requiring disclosure of anything adverse that may have an impact on property value. He states: “The caveat among responsible realtors is if in doubt, disclose.”

R 6130-38 (1999) Roger Hutchison, PhD in engineering and economics, submits into the record his economic impact study of substantial tax revenue reduction if the supertower is constructed.

R 6140-6143 (1999) Basil Katsaros real estate appraiser since 1971, testifies on the real estate industry’s definitions of ten detrimental conditions.

R 6253-54 (1999) Bill Calkin PhD in geological engineering from the Colorado School of Mines, is a Golden CO resident who testifies as a scientist and as a realtor. As a scientist he points out that the US standards for RF radiation exposure are some of the highest in the world while US EPA standards for other environmental exposures are the lowest in the world by 5 to 20 times. As a realtor he states that the towers are unsightly, are frequently not in compliance with zoning regulations and have an adverse effect on property values.

R 11742 (2003) Wayne Matthai testifies as a resident and as a board member of the Genesee Foundation. He is a retired vice president for Proctor and Gamble’s information technology and worldwide telecommunications. He opposes the supertower as a bad business proposal because it is not the best interest of the county or its natural resources. He states that there needs to be broadcast towers but they need to be out of the living environment.

R 11791-93 (2003) Dave Robinson is a resident and registered electrical engineer for 25 years. He opposes the supertower proposal because the mechanical and electrical systems of the proposed facility are the equivalent of an eight-story office building and on that scale they are incompatible with a residential zone. He points to noise from air-conditioning systems, generators, and the visible exhaust emissions from the numerous generators.

R 11805-06 (2003) John Veghte is a resident and a registered professional petroleum engineer. He opposes the supertower proposal and points out that the proposed 20,000 gallon fuel storage tank is a leakage hazard because of its proximity to the local aquifer and the characteristics of the rock there.

R 11926-29 (2003) Mario Pasquale is a resident and is the director of treasury and planning for a manufacturing company in Denver. He opposes the supertower proposal because it is a non-conforming use for a residential zone. He points to the overwhelming involvement of the Lookout Mountain community in opposition to the tower proposal. He also notes that his dog recently died of a rare form of leukemia.

R 11763-65 (2003) Dave Ketchum testifies as Mayor Pro-Tem of the City of Golden to present the Golden City Council resolution opposing the supertower proposal based on RF interference and health considerations.

R 11765-66 (2003) Mike Bestor Golden CO City Manager testifies that the Golden City Council unanimously passed the resolution to oppose the supertower proposal.

R 6062-65 (1999) and R 11902-05 (2003) Bryan Starling testifies in 1999 as a City Councilor for the City of Golden, Colorado. He reads into the record the city’s January 28, 1999 resolution opposing the tower proposal and calling for an independent study of RF interference in the community. In his 2003 testimony he speaks as a biomedical researcher and president of a business. He recounts his knowledge of the practice of large corporations to wear down the opposition by repeated legal and political maneuvering. He has worked for Clemson University, Tulane University, 3-M Orthopedics, Coors Biomedical, Imperial Chemical Industries, British Petroleum and Electronic Pacemakers Cadbio Technology.

R 6234-41 (1999) and R 11941-42 (2003) Jan Wilkins testifies in 1999 on behalf of Canyon Area Residents for the Environment and summarizes the community opposition to the supertower proposal. She states that the majority of the residents of Lookout Mountain are unwilling to be guinea pigs and that as a limited liability corporation, Lake Cedar Group will not carry the expense of harm to the community. Her 2003 testimony addresses her involvement in writing the Central Mountains Community Plan adopted in 1995. She states that the supertower proposal would be out of compliance with that planning document.

R 6277-80 (1999) and R 11881-83 (2003) Margot Zallen testifies as Chairperson of Plan JeffCo in opposition to the supertower proposal. She asserts that the proposal does not meet the Front Range Backdrop Project’s goals of scenic preservation, land form preservation, trail purposes, wildlife habitat, and natural resources preservation.

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