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United States Court of AppealsFOR THE EIGHTH CWCUIT <br />No. 93-1026 <br />Sylvia Pentel, <br />Appellant, <br />V. <br />Appeal from the United <br />States District Court <br />for the District of <br />Minnesota. <br />City of Mendota Heights, <br />Appellee <br />Submitted: October 13, 1993 <br />Filed; January 18, 1993 <br />Before McMILLIAN, BOWMAN, and MAGILL, Circuit Judges. <br />BOWMAN, Circuit Judge. <br />Pursuant to its zoning ordinance, the City of Mendota Heights, <br />Minnesota, denied Sylvia Pentel, an amateur radio operator, <br />permission to erect a 63-foot radio antenna tower in her yard. <br />Pentel then sued the city, claiming that the zoning ordinance was <br />preempted by a Federal Communications Commission ruling known as <br />PRB-1, which requires the city reasonably to accommodate her <br />amateur communications. The District Court granted summary <br />judgment to the city, and Pentel appeals. Because we conclude that <br />the city did not reasonably accommodate Pentel when it limited her <br />to the continuing use of her ineffective 56.5-foot antenna, we <br />reverse and grant summary judgment to Pentel. <br />A <br />♦«* <br />Pentel is an <br />communications to : <br />licensed by the FCC <br />and a station from I" <br />radio antenna that x <br />Over the next two y< <br />radio communications <br />and she was able t <br />Pentel concluded th< <br />for domestic, much ] <br />Accordingly, I <br />sophisticated anteni <br />steel tower that me <br />fully extended. Thi; <br />professionally in <br />specifications, was <br />aluminum antennas.’ <br />Pentel was una <br />that she was violat <br />all structures, inc! <br />’Pentel's propc <br />existing set-up for <br />antenna dissipates <br />directional antenna <br />increasing her abi! <br />direction. Second, <br />height. Pentel's ex <br />replacement antenna, <br />nearby trees, thus i