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SCHOMAKER v. ZONING HEARING BD.

No. 1260 C.D. 2009.

994 A.2d 1196 (2010)

Richard W. SCHOMAKER, an adult individual, Appellant v. ZONING HEARING BOARD OF the BOROUGH OF FRANKLIN PARK, Borough of Franklin Park and Voicestream Pittsburgh, L.P. d/b/a T-Mobile.

Commonwealth Court of Pennsylvania.

Decided May 21, 2010.

Attorney(s) appearing for the Case

Deborah S. Miskovich, Pittsburgh, for appellant.

Alice B. Mitinger, Pittsburgh, for appellee, Voicestream Pittsburgh, L.P., d/b/a T-Mobile.

BEFORE: LEADBETTER, President Judge, BROBSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge BROBSON.

Richard Schomaker (Objector) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that affirmed a decision of the Zoning Hearing Board (ZHB) of the Borough of Franklin Park (Borough). The ZHB granted two dimensional variances to T-Mobile for the placement of a communications tower on a tract of land in an M-1 (Mixed Use Residential/ Commercial) District (hereafter M-1 District) in the Borough. We reverse the...

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