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CROWN COMMUN. v. ZONING BD. OF GLENFIELD

705 A.2d 427 (1997)

CROWN COMMUNICATIONS, Appellant, v. ZONING HEARING BOARD OF THE BOROUGH OF GLENFIELD and John A. Straka, Appellees. BELL ATLANTIC MOBILE SYSTEMS, INC., Appellant, v. ZONING HEARING BOARD OF THE TOWNSHIP OF O'HARA and Township of O'Hara and Fox Chapel Authority, Appellees.

Supreme Court of Pennsylvania.

Decided December 23, 1997.

Attorney(s) appearing for the Case

William R. Sittig, Pittsburgh, for Crown Communications.

John A. Straka, III for John A. Straka.

Richard J. Klixbull, Coraopolis, for Zoning Hearing Bd. of Borough of Glenfield.

William R. Sittig, Jr., John A. Tumolo, Joseph Sabino Mistick, Pittsburgh, for Bell Atlantic Mobile Systems.

Robert W. Goehring, Pittsburgh, for Zoning Hearing Bd. of Tp. of O'Hara.

Philip J. Weis, A. Bruce Bowden, Pittsburgh, for Tp. of O'Hara.

Clifford B. Levine, Jennifer Loewen Cavill, Pittsburgh, for Fox Chapel Authority, D.L. Armstrong, D.B. Boslar, F.J. Sauereisen, J.L. Podmilsak, R.J. Scalabassi, S.B. Ferguson and H.W. Sphar, Jr.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

The issue in these consolidated cases is whether private business entities may be considered public utilities for zoning purposes when the applicable zoning ordinances do not define "public utility."

Crown Communications, a sole proprietorship engaged in the business of providing facilities for wireless communications, obtained a perpetual easement from the Borough of Glenfield to construct and maintain...

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