PRB-1 and CCNR's
On Sat, 17 Mar 2007 10:59:58 CST, Ralph E Lindberg
wrote:
As I understand Washington (state) law, the same is true here, plus if
the regulation hasn't been enforced in years, or has been "selectively"
enforced.
Except for the race restriction found in some old CCNRs
That was thrown out by the Supreme Court of the United States in the
landmark case _Shelley v Kraemer_ that everyone studies in
Constitutional Law classes. The SCOTUS declared that a state court
enforcing that restriction made it a state action and such
discrimination was against Federal law, making that contract term
unenforceable.
We tried using that same approach to have PRB-1 apply via the
back-door in _Hotz v Rich_. a mid-1990s CC&R case in California, but
the California Court of Appeal shot us down, claiming that problems
with amateur radio antennas did not reach the same level of public
policy that racial discrimination did.
--
Phil Kane
Beaverton, OR
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