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= No. 1164-I <br />city of �verett, and that denial of a license d�;;,�d him the <br />equal protectioa of the law. There are cwo answers to that <br />contenti.o+;: I'irst, the evidence fails to show that other licensed <br />ham radio operators in Everett had been given permits to erect <br />towers of a height exceedin, 35 feet in an R-2 (resider.tial) zone. <br />Secondly, ihere is no showi:�q that the Board of Adjnsiment had <br />ever approved the issuance by a building inspector of a permit <br />to erect a tower over 35 feet in heiyht, or of the height sought <br />by the petitioner, in an R-2 (residential) zone. The instant <br />case represents the first challenge before the I3oard of Adjustment <br />to the building inspector's i.nterpretation of the meaning of the <br />ordinunce. We cannot hold that the Board of Adjustment loses its <br />power to disagree with what it considers to b� an erroneous <br />intcrpretation of the ordinance by a building inspector merely <br />because the buildinq inspector, without challenge by any interested <br />party, has previously issued permits not authorized by the terms <br />of the ordinance. Any other view would enable ordinances to be <br />superseded Uy their violation. <br />The judgment is affirmed. <br />WE CONCUF2: <br />— C.s�li:�,�_b+/ <br />�. <br />i/�_,��.� <br />fi0R0�72TZ, C.J. <br />� <br />- ' � ! � �-�-t- - rJ <br />--7' <br />