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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