No. CIV. A. 1:CV-97-1589.

4 F.Supp.2d 366 (1998)

OMNIPOINT COMMUNICATIONS, INC., William McCommon, and Debra McCommon, Plaintiffs, v. ZONING HEARING BOARD OF EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA; and Richard Ernest, in his capacity as Zoning Officer for East Pennsboro Township; Defendants.

United States District Court, M.D. Pennsylvania.

March 24, 1998.

Attorney(s) appearing for the Case

Linus E. Fenicle, Reager & Adler, P.C., Camp Hill, for Omnipoint Communications, Inc., William McCommon, Debra McCommon.

Timothy J. McMahon, Marshall, Dennehey, Warner, Coleman & Goggin, Harrisburg, PA, Craig R. Shagin, Shagin & Anstine LLC, Harrisburg, PA, for Zoning Hearing Bd. of East Pennsboro Township, Cumberland County, Pa.

Timothy J. McMahon, Marshall, Dennehey, Warner, Coleman & Goggin, Harrisburg, PA, for Richard Ernest.

Jeffrey B. Albert, McKissock & Hoffman, Philadelphia, PA, for Henry E. Coyne


CALDWELL, District Judge.

Plaintiffs, Omnipoint Communications, Inc. ("Omnipoint") and William and Debra McCommon, brought this action under the Telecommunications Act of 1996, 47 U.S.C. § 332, against Defendants, the Zoning Hearing Board of East Pennsboro Township (the "Zoning Hearing Board" or the "Board") and Richard Ernest, Zoning Officer for East Pennsboro Township. Before us is Defendants' motion to dismiss.

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