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r <br />( <br />United States Court of Appeals <br />KOK THE tlGimi CIKCUIT <br />No. 93-1026 <br />Sylvia Pentel, <br />Appellant, <br />V. <br />City of .Mendota Heic.tts, <br />Atoeilee. <br />it <br />it <br />« <br />♦ <br />★ <br />* <br />-k <br />» <br />Appeal frcn the United <br />States District Court <br />for the District of <br />Minnesota. <br />Subnitted:October 13,1993 <br />Filed:January 13,1993 <br />Before McMIlLIAJ,’, 30WMA.N, and M.AGILL, Cir cuit . <br />BOVvMAiN, Circuit Judge. <br />Pursuant to its toning ord inance, the Citv <br />.Minnesota, denied Sylvia Pentel, a.n anateur radio operator, <br />pemission to erect a 6S-foot radio antenna tower in her yard. <br />Pentel then sued the city, claining that the toning ordinance was <br />preer.pted a Federal Connunications Comissicn ruling known as <br />PRB-1, which requires the city reasonably to accoionodate her <br />anateur connunicaticns. The District Court granted sunnary <br />judgnent to the city, and Pentel appeals. Because we conclude that <br />the city did not reasonably acconnodate Pentel whe.n it linited her <br />to t.he continuing use of her ineffective 56.5-foot antenna, we <br />reverse and grant sunnary judgnent to Pentel.