Town of Paradise Valley v. Lindberg

OPINION

NELSON, Judge.

This is an appeal by the Town of Paradise Valley, its Town Manager, Oscar A. Butt, and a town building inspector, Roy Jacobson, from an order of the Superior Court directing them to issue a building permit to Carl A. Lindberg, the appellee, for the erection of a ninety (90) foot amateur radio tower adjacent to his family residence in Paradise Valley. The facts as found by the trial court are not disputed.

Lindberg applied for a building permit on July 27, 1973 to construct a Tri-Ex Sky Needle Amateur Radio Tower on his property in Paradise Valley. The tower had an extended…