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  5. 189 F.Supp.2d 258 (2002)
 

OMNIPOINT COMMUN. ENTERPR. v. ZONING HEARING BD.

CIVIL ACTION NO. 99-2080.

189 F.Supp.2d 258 (2002)

OMNIPOINT COMMUNICATIONS ENTERPRISES, L.P., v. ZONING HEARING BOARD OF EASTTOWN TWP.

United States District Court, E.D. Pennsylvania.

April 1, 2002.

Attorney(s) appearing for the Case

James C. Dalton, Christopher H. Schubert, Riley, Riper, Hollin & Colagreco, Paoli, PA, for Omnipoint Communications Enterprises, L.P.

Andrew D.H. Rau, Gawthrop, Greenwood and Halsted, West Chester, PA, Paola F. Tripodi, Holsten & White, Media, PA, John S. Halsted, Gawthrop, Greenwood & Halsted, P.C., West Chester, PA, Jennifer L. Holsten, Holsten and Associates, Media, PA, for Zoning Hearing Bd. of Eastton Tp.

OPINION AND JUDGMENT ORDER1

HART, United States Magistrate Judge.

Omnipoint, a subsidiary of VoiceStream Wireless, brought this suit alleging that the decision of Easttown Township's Zoning Hearing Board ("ZHB") denying it a permit to construct a telecommunications tower violated the Telecommunications Act, ("TCA"). In addition, Omnipoint challenges the zoning ordinance as exclusionary under the Pennsylvania Constitution...

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