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MAJIC 94.1 LOSES APPEAL TO MOVE TOWER

B

BIG APE

It was reported today in the "Un-copyrighted " story in the "Lexington Dispatch" that Majic 94.1, Davidson County Broadcasting had lost the appeal to move the tower to a cow pasture in Rowan County. The issue involves a small rural private airport, in which the owners have claimed the tower would be a hazard. FAA Say's Nah it ain't ..

Brother "Gig" is right on this one...No legal reason to deny this permit"


September 27. 2007 9:00AM

Davidson Broadcasting loses in court of appeals ruling



By SETH STRATTON
The Dispatch


Davidson County Broadcasting Inc., owner of two radio stations in Lexington, was again denied its conditional use permit to build a tower in Rowan County, this time by the N.C. Court of Appeals. Yet, the company's owner is still determined to build the tower.

The second-highest state court upheld a Rowan County Superior Court ruling in favor of the county, which denied the broadcasting company's permit to build a 1,350-feet radio tower in western Rowan County nearly two years ago. In its decision to deny the permit, the county argued the tower would be too close to a private airstrip about five miles away.

[EDIT]

The broadcaster filed for a permit early in 2005. A public hearing on the matter lasted over several meetings and took hours before commissioners voted to deny the permit in November 2005. Davidson Broadcasting appealed the decision to the Rowan County Superior Court the next month. In June 2006, Superior Court Judge W. David Lee upheld the commissioners' decision.

[EDIT]

The appeals court said the broadcaster had met all six conditions of the permit except for the condition that "hazardous safety conditions will not result."

Hilton plans to ask the N.C. Supreme Court to hear the case, but because the three-judge decision was unanimous, Hilton said the state's highest court does not automatically have to hear the case.

"We hope to hear from the supreme court soon to see if they'll take it," Hilton said. "At the core, it's the right of the county versus the right of the Federal Aviation Administration. Pilots are licensed by the federal government, and planes are registered with the federal government. It's a strange ruling."

[EDIT]

Seth Stratton can be reached at 249-3981, ext. 226, or [email protected].



[EDIT-post truncated because originating material appears to be copyrighted
Unauthorized use of such content is in violation of Radio-Info's
TOS.]
 
No Ape...if there was no legal reason to deny the permit- my guess is he'd already be building the tower. The courts- all 3 of them so far, have upheld the right of local government to regulate the use of lands within it's jurisdiction. I expect the same will hold true as far as he cares to (or can afford to) pursue the matter. My personal opinion is that Mom Hilton's last remaining dollars would be much better spent making Majic a dominant station on the home turf, rather than wasted on endless-and fruitless litigation. But then, I don't think like a Hilton.
 
First of all, I got a letter from the board..Sorry, I actually didn't know about the posting of newspaper stories. Most of the time, I look at the byline on "Major" newspapers and they will have the @ copywriter..there anyway sorry!

Now,Nextline, No, that's not the way I figure this. Something here "stinks" How can you uphold a private airstrips claim and deny a Federal opinion. I still contend that the Federal opinion takes precedent.

By the way, don't sell the "Power Structure short"...Some people may have posted some "shady stuff" on me, but I still got a couple of mil buried in Southmont, NC..

Nope, I'll back my people to the "HILT" on this...Get It... HILT...Hahah HILTON!
 
Then march on...brave and loyal soldier! (but if you do have a financial interest in the station, I'd cash in my chips now- while there's something left to get!)
 
nextline said:
No Ape...if there was no legal reason to deny the permit- my guess is he'd already be building the tower. The courts- all 3 of them so far, have upheld the right of local government to regulate the use of lands within it's jurisdiction. I expect the same will hold true as far as he cares to (or can afford to) pursue the matter. My personal opinion is that Mom Hilton's last remaining dollars would be much better spent making Majic a dominant station on the home turf, rather than wasted on endless-and fruitless litigation. But then, I don't think like a Hilton.
Click to expand...

The Denver TV stations got Congress to pass a law that got around the local government issues for the new Mt Lookout dtv tower that has been in legal limbo for 10 years going. Maybe the Hilton's need to do the same thing.
 
The Denver TV stations got Congress to pass a law that got around the local government issues for the new Mt Lookout dtv tower that has been in legal limbo for 10 years going. Maybe the Hilton's need to do the same thing.
Click to expand...

Probably not an option, considering who the senior senator from North Carolina is, and the place where she calls her "hometown".

Later....
Matt Smith
WGSR-TV
 
;D Gee, Even Better Matt, 'cause we are all Republicans"...Glad you mentioned that!
 
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