Case Law

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R 11870-71 (2003) Priscilla Bates is a 38-year resident of Lookout Mountain. She reports her husband’s death from throat cancer and also the number of dogs who have developed non-Hodgkins lymphoma. She asks the county commission to put the welfare and health of its constituents before the interests of a private company.

R 11940 (2003) Phil Hardy is a resident who points out the 97% opposition to the tower among the Lookout Mountain residents. Because his wife recently suffered a miscarriage, they are thinking that they should move but worry about taking a big loss on their home.

R 11809-12 (2003) Wendy Hesse is a resident whose son was born with two birth defects. In her testimony she notes the occurrences of tumors, miscarriages, infertility and birth defects in her neighborhood and questions if they are all just coincidences.

R 11819-20 (2003) Paul Kopper is a resident who reports the brain tumors suffered by his wife and his son. He opposes the supertower proposal because as a limited liability corporation, the broadcaster consortium cannot be held financially responsible for its actions.

R 6274-75 (1999) Susan Marcus is a resident who testifies about her husband’s leukemia as well as her neighbors’ cancers who also live in direct line with one of the existing broadcast towers. One neighbor’s dog was treated for lymphoma.

R 6281-83 (1999) Barry Rosenberg is a resident who has lost one child to a rare disease. He asks the county commission to protect the health of its citizens and to remember that nothing is as important in life as one’s health.

R 11881 (2003) Dave Sauer is a resident who testifies about RF interference problems and his dog’s three cancerous tumors. He opposes the supertower for the sake of the community’s health.

R 11725-27 (2003) Craig Brown is a resident who testifies about the visual impact of the supertower proposal. In a close examination of the permit application he points out the significant net increase in face area of the tower and supporting structures. Therefore, the proposal does not comply with the Central Mountains Community Plan. His testimony includes PowerPoint presentation.

R 11907-07 (2003) Carlo Kopf is a resident whose testimony points to the language of the goal of the Central Mountains Community Plan which is “to protect life, property and the environment from adverse impacts of natural and man-made hazards.” He urges the county commission not to trade off potential health risks for television viewing.

R 6258-60 (1999) and R 11871-72 (2003) Eugenie Roscoe is a resident of Lookout Mountain since 1969. She points out that the broadcasters’ technical problems are theirs to solve and are not in the job description of a county commissioner. The responsibility of the elected commissioners is to protect the health, welfare and property rights of the citizens who elected them.

R 11879-81 (2003) Marston Shelton is a resident who speaks for himself and on behalf of his parents who are 50-year residents of Lookout Mountain. The elementary school that is located closest to the tower site is named in honor of them. They ask the county commission to deny the supertower proposal so that the school which bears their name will not have the dubious distinction of being one of the most environmentally dangerous schools in Colorado.

R 11980 (2003) Brian Smith is a resident who testifies about the expense of mitigating the RF exposure to his home and reports that their dog acquired lymphoma at an early age.

R 6254-56 (1999) Lee Todd is a resident who testifies about the expense of trying to shield their computer, television and stereo from RF interference. She reports that after 27 ½ years of living at this location her husband died of brain cancer. Their home is in a direct line with the existing broadcast towers.

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