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APT PITTSBURGH LTD. v. PENN TP. BUTLER COUNTY

Nos. 98-3519, 98-3546.

196 F.3d 469 (1999)

APT PITTSBURGH LIMITED PARTNERSHIP Appellant in No. 98-3546, v. PENN TOWNSHIP BUTLER COUNTY OF PENNSYLVANIA, a Political subdivision of the Commonwealth of Pennsylvania, PENN Township Board of Supervisors and Penn Township Zoning Hearing Board, Appellants in No. 98-3519.

United States Court of Appeals, Third Circuit.

Filed November 8, 1999.

Attorney(s) appearing for the Case

Clifford B. Levine (Argued) Thorp, Reed & Armstrong, Pittsburgh, PA, for Appellee/Cross Appellant APT Pittsburgh Limited Partnership.

David F. Toal (Argued), Frank, Bails, Murcko & Toal, Pittsburgh, PA, for Amicus Curiae Personal Communications Industry Association.

Thomas L. Wenger, Steven R. Williams, Wix, Wenger & Weidner, Harrisburg, PA, for Amicus Curiae Pennsylvania State Association of Township Supervisors.

Philip P. Lope (Argued), Lope & Houlihan, Zelienople, PA, for Appellants/Cross Appellees.

Before: NYGAARD, ALDISERT and STAPLETON, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Penn Township ("Township") appeals the District Court's order directing it to allow APT Pittsburgh Limited Partnership ("APT") to erect a communications tower for its Personal Communications System ("PCS") at a designated site within the Township. The Township claims that the District Court erred in concluding that its zoning ordinance was impermissibly exclusionary under the Pennsylvania Constitution. APT defends...

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