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P. U. C. v. WVCH COMMUNICATIONS, ET AL.

No. 576 C.D. 1975.

23 Pa.Commw. 292 (1976)

Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission v. WVCH Communications, Inc., a Pennsylvania Corporation, Appellant. Township of Middletown, Intervening Appellee.

Commonwealth Court of Pennsylvania.

February 11, 1976.

Attorney(s) appearing for the Case

Joseph A. Damico, Jr., with him Fronefield, DeFuria and Petrikin, for appellant.

Alfred N. Lowenstein, Assistant Counsel, with him Peter W. Brown, Counsel, for appellee.

Thomas J. Beagan, Jr., with him Timothy B. Barnard, for intervening appellee.

Argued December 3, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, February 11, 1976:

This is an appeal by WVCH Communications, Inc. from an order of the Pennsylvania Public Utility Commission (PUC). The PUC's order denied WVCH's application for a decision holding that the construction of a broadcasting tower and transmitter building in Middletown Township was reasonably necessary for the convenience or welfare of the public, within the meaning of the Township's Zoning Ordinance and Section 619 of the Pennsylvania...

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