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NORTHEAST PENN. SMSA v. SCOTT TP. ZONING

18 A.3d 1272 (2011)

NORTHEAST PENNSYLVANIA SMSA LIMITED PARTNERSHIP, d/b/a Verizon Wireless v. The SCOTT TOWNSHIP ZONING HEARING BOARD v. John Smargiassi, Jr., Ann Marie Smargiassi, Kevin Lorenzetti, Susan Lorenzetti and Melanie Brenzel. Appeal of: John Smargiassi, Jr., Ann Marie Smargiassi, Kevin Lorenzetti and Susan Lorenzetti.

Commonwealth Court of Pennsylvania.

Decided April 18, 2011.

Attorney(s) appearing for the Case

Albert E. Nicholls, Jr. , Dunmore, for appellants.

Armand E. Olivetti, Jr. , Scranton, for appellee Scott Township Zoning Hearing Board.

Richard M. Williams , Kingston, for appellee Verizon Wireless.

BEFORE: McGINLEY, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge COHN JUBELIRER.

John Smargiassi, Jr., Ann Marie Smargiassi, Kevin Lorenzetti, and Susan M. Lorenzetti1 (collectively, Neighbors), appeal from two orders of the Court of Common Pleas of Lackawanna County, (trial court), relating to a dimensional variance permitting Northeast Pennsylvania SMSA Limited Partnership d/b/a Verizon Wireless (Verizon), to erect a monopole cell phone tower (the Tower) near Neighbors' properties...

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