OMNIPOINT CORP. v. ZONING HEARING BD.

No. 98-1962.

181 F.3d 403 (1999)

OMNIPOINT CORPORATION; Linda Genth, v. ZONING HEARING BOARD OF PINE GROVE TOWNSHIP; Bob Pankake, in his capacity as zoning officer for Pine Grove Township. Zoning Hearing Board of Pine Grove Township, Schuylkill County, Pennsylvania and Bob Pankake, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 25, 1999.


Attorney(s) appearing for the Case

L. Rostaing Tharaud (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, Pennsylvania, for Appellants.

Linus E. Fenicle (Argued), Reager & Adler, Pennsylvania, for Appellees.

Before: SCIRICA, ROTH and McKAY, Circuit Judges


OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this case brought under the Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56 (codified in scattered sections of 15 and 47 U.S.C.), the issue is whether the District Court properly found that the denial of a special exception under the Pennsylvania Municipalities Planning Code, Pa. Stat. Ann., tit. 53, § 10909.1(6) (West 1997), to build a tower for transmission of wireless telephone signals was...

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