Rooftop rabbit ears, dish spur suit

Source: Albuquerque Journal, N.迷你倉M.Sept. 20--Trouble's brewing in an exclusive east-side Santa Fe subdivision where residents have gone to court to maintain that a rooftop Internet device and planned solar array at one home are out of character with the surrounding properties.The lawsuit maintains that the rooftop devices impede the ability of some neighbors to enjoy their homes and could adversely affect property values in the Overlook development east of Old Santa Fe Trail near Santa Fe National Forest land.The Internet "receptor," for one, "is an eyesore, directs flashes of light onto Plaintiffs' Properties and into their homes, and is a nuisance which is detrimental to Plaintiffs' Properties," the suit said.The receptor is described as consisting of a dish and "rabbit ear antennae."It "is not in harmony with surrounding properties and is fully visible" from nearby homes, the suit maintains.The Internet device wasn't approved by the board of directors of the Overlook Homeowners Association, some of whose members benefit from use of the receptor, according to the suit.The suit maintains that the rooftop device "acts as a relay hub" for at least 10 other homes within the subdivision, including the homes of members of the homeowners association board.Susan and John Bagwell, Rudolfo and Kristin Martinez and Agua Dulce Water Group, a nonprofit that supplies well water to several homes in the Overlook subdivision, filed the suit Wednesday in Santa Fe District Court.Bruce Velick and his wife, Denise Filchner, along with the Overlook Homeowners Association, are named as defendants.The residents involved in the litigation all are listed on Internet databases as having homes on Mountain Top Road.The sui文件倉 also opposes Velick and Filchner's plan to install a non-rooftop solar photovoltaic system on their property.The solar system was approved by the homeowners association, but the lawsuit maintains that the approval violates the subdivision's covenants because the system isn't in harmony with its environment, will reflect sunlight onto the Bagwells' property, will be placed over utility easements and will generally be a nuisance.The plaintiffs want Velick and Filchner to move the Internet receptor and solar system to a part of their property where the items won't affect the Bagwells, Martinezes or Agua Dulce, or to nix the Internet and solar systems altogether.Velick and Filchner maintain that Federal Communications Commission rules entitle them to use the Internet receptor, the suit says.Velick and Filchner's attorney, Brian Egolf, said he doesn't think the lawsuit will be successful. He said many of the houses in the Overlook subdivision will lose their Internet access if Velick's receptor is taken down.As for the solar panels, the design of which hasn't been finalized, Velick and Filchner have taken the necessary steps for installation, Egolf said. Besides, state law governing these types of systems is on the side of Velick and Filchner, he said."It strikes me that the approach of the Bagwells has been to threaten and harass and badger and that is not a proper way to seek a resolution," Egolf said.Susan Bagwell referred comments to her attorney, Karl Sommer. Sommer did not return a message left by the Journal .Copyright: ___ (c)2013 the Albuquerque Journal (Albuquerque, N.M.) Visit the Albuquerque Journal (Albuquerque, N.M.) at .abqjournal.com Distributed by MCT Information Services存倉