OMNIPOINT CORP. v. ZONING HEARING BD. PINE GROVE

Civil Action No. 97-7088.

20 F.Supp.2d 875 (1998)

OMNIPOINT CORPORATION and Linda Genth, Plaintiffs, v. ZONING HEARING BOARD OF PINE GROVE TOWNSHIP, Schuylkill County, Pennsylvania, and Bob Pankake, in his official capacity as zoning officer for Pine Grove Township, Defendants.

United States District Court, E.D. Pennsylvania.

September 16, 1998.


Attorney(s) appearing for the Case

Linus E. Fenicle, Camp Hill, PA, for Plaintiffs.

Timothy J. McMahon, Harrisburg, PA, for Defendants.


DECISION AND ORDER

VAN ANTWERPEN, District Judge.

I. INTRODUCTION

This action is filed under the Telecommunications Act of 1996, 47 U.S.C. § 332, ("TCA"). The Plaintiffs in this case, Omnipoint Corporation ("Omni") and Linda Genth, seek review of the Zoning Hearing Board of Pine Grove Township's ("Board") denial of its application for a special exception under § 902(3) of the Pine Grove Township Ordinance ("Zoning Ordinance")....

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