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OMNIPOINT COMMUNICATIONS ENTERPRISES v. ZONING HEARING BD.

Nos. 99-1990, 99-1932.

248 F.3d 101 (2001)

OMNIPOINT COMMUNICATIONS ENTERPRISES, L.P., Appellant in No. 99-1990, v. ZONING HEARING BOARD OF EAST-TOWN TOWNSHIP; Township of Easton, Appellants in No. 99-1932.

United States Court of Appeals, Third Circuit.

Filed April 25, 2001.

Attorney(s) appearing for the Case

John S. Halsted, Andrew D.H. Rau (Argued), Gawthrop, Greenwood & Halsted, 119 North High Street West Chester, PA 19381 and Paola T. Kaczynski (Argued), Holsten & Associates, One Olive Street Media, PA, 19063, Attorneys for Appellants/Cross Appellees.

James C. Dalton, Riley, Riper, Hollin & Colagreco, 240 Daylesford Plaza P.O. Box 568 Paoli, PA, 19301 and Christopher H. Schubert (Argued), Riley, Riper, Hollin & Colagrego, 717 Constitution Drive Exton, PA, 19341, Attorneys for Appellee/Cross Appellant.

BEFORE: ROTH, RENDELL and STAPLETON, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The Zoning Hearing Board ("ZHB") of Easttown Township ("Township") appeals the District Court's order directing it to allow Omnipoint Communications Enterprises, L.P. ("Omnipoint") to erect a telecommunications tower at a designated site within the Township. The ZHB contends that the District Court erred in finding that the ZHB's decision denying Omnipoint's application was not supported by substantial evidence...

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