FILED
91 JAN-8 PM 3:35
CLERK U.S. DISTRICT COURT
NORTHERN OHIO DISTRICT
EASTERN DIVISION


                        UNITED STATES DISTRICT COURT
                         NORTHERN DISTRICT OF OHIO
                             EASTERN DIVISION

JAMES D. MacMILLAN            )                1:87CV2820
                Plaintiff,    )
          v.                  )
CITY OF ROCKY RIVER, et al.,  )
                Defendants.   )                 JUDGMENT ENTRY
                                                --------------

BATTISTI, C.J.

              In accordance with Orders filed on September 21,1990,
November 13, 1990 and January 8, 1991,

              IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
     (1) Defendant's motion for summary judgement is GRANTED to
     the extent that sec. 1333.02 and 1143.10(b) of the Codified
     Ordinances of the City of Rocky River are held to be facially
     valid, and the Building Commissioner and members of the Board
     of Zoning and Building Appeals of the City of Rocky River are
     found to have qualified immunity from damages; (2) Plaintiff's
     motion is GRANTED to the extent that the process employed by
     the City of Rocky River in denying his application to erect an
     antenna is declared invalid; (3) Plaintiff's motion for an award
     of attorney's fees persuant to 42 U.S.C. sec. 1988 is GRANTED;
     and (4) attorney's fees in the amount of $14,091.05 (fourteen
     thousand, ninty-one dollars and five cents) are approved.


					Frank J. Battisti
					United States District Judge

---------------------------------------------------------------------

NOTE from WA8ZHN:  on the city's insurance, there is a $5,000 deductable
                   which they must pay.  The balance will come from the
                   insurance company.  There is an election this fall
                   and this is PUBLIC RECORD. HI HI / 73 & PRBWON!