© 2004 Updated: 9/29/04

ANTENNA TOWER - SPECIAL REPORT

April 23, 2004

Broadcasters and JeffCo ordered to follow Rezoning Rules

On March 26, 2004, Colorado District Judge R. Brooke Jackson issued a Preliminary Injunction to prevent Lake Cedar Group TV stations 4, 7, 9, and 20 from obtaining a building permit for construction of a Supertower approved by JeffCo Commissioners on July 22, 2003.

The City of Golden, individual citizens and 30+ Genesee-Lookout Mountain homeowner associations, represented by Canyon Area Residents for the Environment (CARE), filed an appeal of the rezoning in 2003 and claimed construction permits should not be issued until the District Court decision is final. Argument for Golden and CARE was provided by John Putnam of Kaplan Kirsch & Rockwell. CARE was represented by Deb Carney. Lake Cedar Group was defended by Richard Campbell of Campbell Bohn Killin Brittan & Ray. Jefferson County Commissioners were defended by assistant county attorney Tim Cox.

Some Jefferson County antenna tower land use resolutions were stated and some were avoided in the 2003 approval. Citizens were not given the required 21-days to examine and respond to information presented by Lake Cedar Group on July 22, 2003. Judge Jackson said primary causes for reopening the hearings are:

1) Some of the information in the 140 pages filed on July 22, 2003 were never examined by citizens or JeffCo consultant James Hart.

2) Realistic projections of how many residents would be exposed to an increase of radio frequency radiation emissions from the Supertower was requested by County Attorney Tuthill (who was on vacation on July 22) were never provided by LCG. Citizens and JeffCo consultant James Hart was not given the opportunity to advise on the accuracy of projections.

3) Health and safety concerns caused by potential tower and/or guyed wire failure, based on the distance of the tower set-back from homes, power lines, and historic properties, are required by county resolution but was not considered in the decision.

4) Factual data provided by citizen experts (with Hart’s agreement) on alternative sites are required to be considered by county resolution but were not mentioned in the Supertower approval resolution stated August 19, 2003. The Supertower decision will impact 30,000 citizens for the next 50 years. County Commissioners Sheehan, Lawrence and Holloway delayed hearings requested in 2002 until summer vacation time last July and required strict time limits of 20 minutes for homeowner association representatives (by written affidavit) and 3 minutes for individual citizens. CARE, which represents 9,000 residents, was forced to borrow 20-minute permits from some HOAs to provide approximately two hours of expert testimony on July 1, 2003.

Commission Chair Richard Sheehan refused to allow 21 days, required by Colorado and JeffCo laws, for citizens to examine and provide rebuttal on information submitted by LCG on the July 22 judgment day.

Knowing that the 4-year CSU study of biological effects of RF exposure to Lookout Mountain residents will soon be completed, LCG filed a motion on March 25, 2004 to suppress any new information not already established. On March 26, attorney Campbell repeated the LCG slogan threatening that the towers on Lookout will always remain without Supertower. Denver broadcasters apparently assume there will never be two JeffCo Commissioners with courage enough to remove the 47 industrial towers operating on residential-zoned land, in the $50 million preserved "mountain backdrop," surrounded by residential properties on Lookout Mountain and within the home-rule city of Golden.

Jefferson County is complying with Judge Jackson's order to reopen the Lake Cedar Group hearing on August 12 in Hearing Room One, from 5 to 10 pm.


March 26, 2004

Broadcasters and JeffCo ordered to follow Rezoning Rules

On March 26, 2004, Colorado District Judge R. Brooke Jackson issued a Preliminary Injunction to prevent Lake Cedar Group, LLC (Denver TV channels 4, 7, 9, and 20) from obtaining a JeffCo building permit for construction of a Supertower, approved by JeffCo Commissioners on July 22, 2003.

Judge Jackson compared approval of the Supertower with an attempt to railroad a sex offender near Golden without public input.

The City of Golden, individual citizens and 30 Genesee-Lookout Mountain homeowner associations, represented by Canyon Area Residents for the Environment (CARE), filed an appeal of the rezoning approval in 2003. Citizens then claimed in 2004 that construction permits should not be issued until the District Court decision is final.

Arguments for Golden was provided by John Putnam of Kaplan Kirsch & Rockwell. Deb Carney represented CARE. Lake Cedar Group was defended by Richard Campbell of Campbell Bohn Killin Brittan & Ray. Jefferson County Commissioners were defended by assistant county attorney Tim Cox.

The 2003 Supertower approval stated some Jefferson County antenna tower land use resolutions and avoided others. Citizens were not given the required 21 days to examine and respond to information presented by Lake Cedar Group on July 22, 2003. Other causes for Judge Jackson to order reopening the hearings are:

The Supertower decision will impact 30,000 citizens for the next 50 years. County Lake Cedar Group delayed the Supertower hearings requested in 2002 until summer vacation time in July, 2003. County Commissioners required strict time limits of 20 minutes for homeowner association representatives (by written affidavit) and 3 minutes for individual citizens. CARE, which represents 9,000 residents, was forced to borrow 20-minute permits from some HOAs to provide approximately two hours of expert testimony on July 1, 2003. CARE was not allowed any rebuttal on July 8 or 22.

Believing that RF emissions would not increase, Commission Chair Richard Sheehan denied citizens opposed to the Supertower the 21 days required by Colorado and JeffCo law to examine and provide rebuttal of information submitted by LCG on the July 22 judgment day.

Knowing that the 4-year CSU study of biological effects from RF exposure of Lookout Mountain residents will soon be completed, LCG filed a motion to suppress any new information not already established on March 25, 2004. On March 26, attorney Campbell repeated the LCG threat that the existing 49 Lookout towers will always remain without consolidating four of the towers into a Supertower. Denver broadcasters apparently assume there will never be two JeffCo Commissioners with courage enough to remove the industrial towers operating on residential-zoned land, in the $50 million "mountain backdrop," surrounded by residential properties on Lookout Mountain and the home-rule city of Golden.

On April 23, 2004 Jefferson County announced "restricted testimony" would be heard at a "reopened hearing" on August 12, 2004.