OMNIPOINT COMMUNICATIONS ENTER. v. NEWTOWN TP.

Nos. 99-1453, 99-1455, 99-1458.

219 F.3d 240 (2000)

OMNIPOINT COMMUNICATIONS ENTERPRISES, L.P. v. NEWTOWN TOWNSHIP; Zoning Hearing Board of Newtown Township, Appellants in No. 99-1453. Omnipoint Communications Enterprises, L.P., Appellant in No. 99-1455 v. Newtown Township; Zoning Hearing Board of Newtown Township. Omnipoint Communications Enterprises, L.P. v. Newtown Township; Zoning Hearing Board of Newtown Township, Appellants in No. 99-1458.

United States Court of Appeals, Third Circuit.

Filed July 13, 2000.


Attorney(s) appearing for the Case

Bruce A. Irvine, David C. Corujo, Fronefield & deFuria, Media, PA, Paola T. Kaczynski, Holstein & Associates, Media, PA, for appellants/cross appellees.

Rudolph Garcia, Joseph R. Loverdi, Stephen M. Donweber, Saul, Ewing, Remick & Saul, Philadelphia, PA, for appellee/cross appellant.

Before: MANSMANN, GREENBERG and ALARCON, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

Newtown Township appeals the District Court's order directing it to allow Omnipoint to install antennas for its Personal Communications System at a designated site within Newtown. Newtown claims that the District Court erred in concluding that its zoning ordinance has the impermissible effect of prohibiting the provision of personal wireless services, in violation of the Telecommunications Act. Further, Newtown...

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