View Full Version : Won another high court case.
PA5COR
04-06-2011, 09:18 AM
For an ham, regarding his antenna's placed on/near his house against his Council.
http://www.raadvanstate.nl/uitspraken/zoeken_in_uitspraken/zoekresultaat/?verdict_id=7s38UvFsXQ4
Dutch, highest court in the Netherlands.
Another file i can close now.
:-D
kd8dey
04-06-2011, 09:55 AM
http://babelfish.yahoo.com/translate_url?doit=done&tt=url&intl=1&fr=bf-home&trurl=http%3A%2F%2Fwww.raadvanstate.nl%2Fuitsprake n%2Fzoeken_in_uitspraken%2Fzoekresultaat%2F%3Fverd ict_id%3D7s38UvFsXQ4&lp=nl_en&btnTrUrl=Translate
PA5COR
04-06-2011, 11:08 AM
Yep, have that translator as link, but the translation lacks a bitt, but as long the outcome is positive for my client, he is happy ;)
KA5PIU
04-06-2011, 07:57 PM
Hello.
OK, got the 5 meters thing down, but that was it.
Someone is upset about an antenna, the defense is that everyone else puts up a satellite dish.
That is as far as I got. ;)
WØTKX
04-07-2011, 12:50 AM
Cor is trying to wear something stylish around his neck. ;)
http://cache.daylife.com/imageserve/01YWfwKd2Sc79/350x.jpg
PA5COR
04-07-2011, 03:05 AM
My father was a policemen for 40 years, i grew up reading his court cases, and spend my time of 3.5 years with Her Majesties Customs, learning law at the same time.
That always kept me interested, to the point i had a few court cases for myself and won, helping other people ( for free) doing the same.
25 years back i took our council to court for bad maintenance of the apartment buildings i lived in and won, costing them 7.7 million guilders in repairs.
When we got internet, 14.4 kbs modems and all that things went even more easy looking up court cases and law, till then i needed a gaggle of Dutch/European law books to keep up.
Consumer rights, renters rights, and ham radio, specially antenna's etc is my field, and no, I'm not a solicitor, just good in my field of expertise.
The law here is simple, for building antenna's or masts with antenna, you need no permits up to 5 meters above the roof .
Above 5 meters above the roof, of free standing masts you need a light permit, up to 40 meters above the ground, above 40 meters you need the full building permit, where more laws come to play and things get more difficult
By the EVRM Art 10 section 1 we are permitted to transceive and recieve information free of any influence of the government, that treaty is binding and even supported in our law ( art 93, 94) of the Dutch law
Meaning that nobody can forbid me to put up antenna's on the house or grounds.
But in his case, and many others, councils think they are above the law and try to get those "ugly" antenna's out of the densely populated city's or just not allow them.
That's mostly where i come in, lawyers here are costly 250 to 350 Euro's an hour ex expenses...
I do it free just costs i ask back, travelling to the Hague to the High Court, or anywhere else.
A service for hams, never lost a case too.
But taking up 2 - 3 hours daily here, writing letters, reading up on the cases, etc.
This case ran for 6 years, he had his antenna's up, so it was just the case to get the council to stop trying to get his antenna's from the roof.
Horizontal antenna's are free of any interference of the council or state, these were all vertical antenna's for his repeaters he runs at home.
We already won a lower court case, but the council decided to go on to the highest court we have here. but lost again.
He had 6 antenna's or masts/antenna's up all under or just 5 meters tall, so no building permit needed, 3 masts were a few inches too high.
His council where the lives think they are above the law, and now face the consequences, and it set a precedent in our law, jurisprudence i can now call back on in other cases.
Sometimes i feel a bit like Don Quixote, but then it IS my hobby, and if you have rights you should also be prepared to fight for them.
KA5PIU
04-08-2011, 11:53 AM
Hello.
Here in Texas I am a Paralegal.
In Mexico have hold the official title of notary of representation, pretty much the same thing.
The neat part of Texas is that we have Justice of the Peace courts, where the judge is not a lawyer and you can have anyone represent you, including a Paralegal.
http://en.wikipedia.org/wiki/Texas_judicial_system
Hello.
Here in Texas I am a Paralegal.
Funny--the Texas State Bar seems to know nothing about you.
KA5PIU
04-08-2011, 12:43 PM
Funny--the Texas State Bar seems to know nothing about you.
Hello.
Paralegals need not register with the bar.
"In other jurisdictions, such as Texas and North Carolina, courts have approved voluntary certification programs to set higher paralegal standards and raise the profile of the paralegal profession. The Texas Board of Legal Specialization administers a voluntary certification program for paralegals who wish to be board certified in a specialty area of law. The certification process is governed by the Texas Plan for Recognition and Regulation of Legal Assistants, as amended in June of 1999. "
http://apps.americanbar.org/buslaw/blt/2007-01-02/durgin.shtml
I can not register with the Texas state bar if I wanted to, I have been disbarred as an attorney with no recourse.
Hello.
Here in Texas I am a Paralegal. < snip >Of course you are. How COULD we ever doubt you?
So, you work construction, consult with the Saudi's, and give marital advice at the mosque when you're on vacation or in your spare time? To say nothing of, ah, shall we say, servicing mothers and their daughters as what, an act of charity?
No wonder you don't have time to investigate the Kennedy assaination, solve world peace, or reveal the truth about Hanger 51 and Warehouse 51 in Area 51. (Hint: Area 51 is a cover -- it's really Area 52.)
Of course you are. How COULD we ever doubt you?
So, you work construction, consult with the Saudi's, and give marital advice at the mosque when you're on vacation or in your spare time? To say nothing of, ah, shall we say, servicing mothers and their daughters as what, an act of charity?
No wonder you don't have time to investigate the Kennedy assaination, solve world peace, or reveal the truth about Hanger 51 and Warehouse 51 in Area 51. (Hint: Area 51 is a cover -- it's really Area 52.)
Wait until he tells you about his Nobel Prize in chemistry.
KA5PIU
04-08-2011, 07:28 PM
Hello.
I had nothing to do with marital advice and refused to get involved.
In fact my opinion on the matter is that the woman did not deserve to keep the kid.
The other female involved went off on a tangent about being from Pakistan and how I had it so easy.
The Imam. a guy from Jordan, at first explained that there were concerns over me being in the womans area of the Mosque.
Next thing I know I am to meet with the CAIR chapter president, a woman.
I was again presented with this child custody case, same one I had referred to the panel of lawyers, remember that I only do the intake, I write the interview notes.
I point out that tis has already been rejected.
Next thing I know, I have a problem.
Now that CAIR knows that I know who the informant is they want me to tell them, after the informant report cleared me.
Fat chance that is going to happen.
But in Texas anyone can write a brief to the court, that is what the CAIR bunch wanted.
I did not feel that any case had merit and so refused and also refused the write another interview.
That was the problem, I did not want to be involved, the male vs female thing was going here and it was not doing anyone any good.
The Pakistan vs "Domestic American" was also brought up.
In short, I did not need to be there.
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