Legal Opinion

Zubarau v. City of Palmdale

California Court of Appeal

Decided January 27, 2011No. B216308Published

1Opinion of the Court

*294Opinion

MOSK, J.

INTRODUCTION

Plaintiff Alec Zubarau, an amateur or “ham” radio operator, brought an action against the City of Palmdale1 challenging the City’s order to have him remove a tower antenna from his residential backyard and a roof-mounted antenna from his residential roof. He contends that the City’s ordinance regulating the height of antennae in a residential area is preempted by state and federal law and that the ordinance is unconstitutionally vague.

We hold that Zubarau has standing and that the issues are ripe. We further hold that the City’s order to remove the tower antenna is…

2Cases cited36 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  3. Connally v. General Construction Co.Supreme Court of the United States · 1926
  4. Parker v. LevySupreme Court of the United States · 1974
  5. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982

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