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McMAHON v. KINGSTON TP. BD. OF SUPERVISORS

771 A.2d 96 (2001)

David McMAHON and Patricia McMahon, his wife; Robert Wicht and May Wicht, his wife; William Yedesko and Kathryn M. Yedesko; David Koziel and Suzy Koziel, his wife; Robert Sabol and Gina Sabol, his wife and James Miller and Barbara Miller, his wife, v. KINGSTON TOWNSHIP BOARD OF SUPERVISORS. Pennsylvania Cellular Telephone Corporation, Appellant.

Commonwealth Court of Pennsylvania.

Decided April 5, 2001.

Attorney(s) appearing for the Case

Catherine E. Naughton, Center Valley, for appellant.

Mark P. McNealis, Sweet Valley, for appellees.

Before DOYLE, President Judge, COLINS, Judge, McGINLEY, Judge, SMITH, Judge, PELLEGRINI, Judge, FLAHERTY, Judge and LEADBETTER, Judge.

McGINLEY, Judge.

The issue in this appeal is whether a 150-foot cellular communications monopole (monopole) constitutes a semi-public use and thus is permitted as a conditional use in an R-2 residential zoning district.

Pennsylvania Cellular Telephone Corp., trading and doing business as Cellular One (Cellular One), appeals from an order of the Court of Common Pleas of Luzerne County (common pleas court) that reversed the decision of the Board of Supervisors...

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