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OMNIPOINT COMM. ENT. v. ZONING HEAR. BD. EASTTOWN

CIVIL ACTION NO. 99-2080.

72 F.Supp.2d 512 (1999)

OMNIPOINT COMMUNICATIONS ENTERPRISES, L.P., Plaintiff, v. ZONING HEARING BOARD OF EASTTOWN TOWNSHIP, Defendant.

United States District Court, E.D. Pennsylvania.

November 2, 1999.

Attorney(s) appearing for the Case

Christopher H. Schubert, Riley, Riper, Hollin & Colagreco, Paoli, PA, for Plaintiffs.

Jennifer L. Holsten, Holsten and Associates, Media, PA, for Defendants.

MEMORANDUM AND ORDER

KATZ, Senior District Judge.

Omnipoint Communications Enterprises, L.P. ("Omnipoint") seeks to place a 110-foot communications tower in Easttown Township. At the time of its application to the Township's Zoning Hearing Board ("ZHB"), such a structure was not permitted under the Township's zoning ordinance at the site selected by Omnipoint. The ZHB denied Omnipoint's application, which challenged the validity of the zoning ordinance...

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