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SCHIAZZA v. ZONING HEARING BD., FAIRVIEW TP.

No. 1:CV-01-0401.

168 F.Supp.2d 361 (2001)

Robert SCHIAZZA, Diane Schiazza, and Delaware Valley PCS Communications, LLC., Plaintiffs, v. ZONING HEARING BOARD OF FAIRVIEW TOWNSHIP, YORK COUNTY, PENNSYLVANIA, Defendant.

United States District Court, M.D. Pennsylvania.

October 18, 2001.

Attorney(s) appearing for the Case

Michael D. Reed, Bryan S. Megary, Mette, Evans & Woodside, Harrisburg, PA, for plaintiffs.

Robert G. Hanna, Jr., Marshall, Dennehey, Warner, Coleman & Goggin, Harrisburg, PA, for defendant.

MEMORANDUM

RAMBO, District Judge.

Before the court are the parties' cross-motions for summary judgment. The parties have briefed the issues, and the motions are ripe for disposition.

I. Background

This case involves a decision by Defendant Zoning Hearing Board of Fairview Township (the "Zoning Board") denying Plaintiffs' application for approval to erect a wireless communications tower. The following facts are...

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