Legal Opinion

D.R. Evans v. Board of County Commissioners of the County of Boulder, Colorado Gary Goodell, in His Capacity as Chief Building Official

Court of Appeals for the Tenth Circuit

Decided May 28, 1993No. 92-1021PublishedCited by 19 opinions

1Opinion of the Court

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 upon a 1.28-acre tract in a zoned residential area. The area’s principal attraction is a view- of the nearby Rocky Mountains. The district court judge who…

2Cases cited16 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  3. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  4. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  5. University of Tennessee v. ElliottSupreme Court of the United States · 1986

11 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Fellner v. Tri-Union Seafoods, L.L.C.Court of Appeals for the Third Circuit · 2008
  2. Mount Olivet Cemetery Ass'n v. Salt Lake CityCourt of Appeals for the Tenth Circuit · 1998
  3. City of Grand Junction v. Ute Water Conservancy DistrictSupreme Court of Colorado · 1995
  4. Sylvia Pentel v. City of Mendota HeightsCourt of Appeals for the Eighth Circuit · 1994
  5. Bosscher v. Township of AlgomaDistrict Court, W.D. Michigan · 2003

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API