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APT PITTSBURGH LTD. PARTNERSHIP v. LOWER YODER TP.

No. CIV. A. 98-187J.

111 F.Supp.2d 664 (2000)

APT PITTSBURGH LIMITED PARTNERSHIP Plaintiff, v. LOWER YODER TOWNSHIP, CAMBRIA COUNTY, a political subdivision of the Commonwealth of Pennsylvania, and Zoning Hearing Board of Lower Yoder Township, Defendants.

United States District Court, W.D. Pennsylvania.

July 26, 2000.

Attorney(s) appearing for the Case

Clifford B. Levine, Alice B. Mitinger, Thorp, Reed & Armstrong, Pittsburgh, PA, for APT Pittsburgh Limited Partnership, plaintiffs.

Scott G. Dunlop, Christopher J. Hess, Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, for Lower Yoder Township, Cambria County, a political subdivision of the Commonwealth of Pennsylvania, Zoning Hearing Board of Lower Yoder Township, defendants.

MEMORANDUM OPINION AND ORDER

D. BROOKS SMITH, District Judge.

In this action, plaintiff APT Pittsburgh Limited Partnership ("APT") has sued Lower Yoder Township and its Zoning Hearing Board ("ZHB" or "Board") over the Board's refusal to issue a building permit for APT to erect a cellular communications tower. Plaintiff claims that the Board's action violated the federal Telecommunications Act ("TCA"), Pennsylvania law, and a host of federal constitutional...

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