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NEXTEL WEST CORP. v. UNITY TOWNSHIP

No. 01-2030.

282 F.3d 257 (2002)

NEXTEL WEST CORP., a Delaware Corporation d/b/a Nextel Communications, v. UNITY TOWNSHIP, Westmoreland County, Pennsylvania, a Political Subdivision of the Commonwealth of Pennsylvania; The Zoning Hearing Board of Unity Township.

United States Court of Appeals, Third Circuit.

Filed March 5, 2002.

Attorney(s) appearing for the Case

Clifford B. Levine (Argued), Alice B. Mitinger, Thorp Reed & Armstrong, LLP, Pittsburgh, PA, for Appellant.

Joseph J. Bosick, Jeanette H. Ho (Argued), Pietragallo, Bosick & Gordon, Pittsburgh, PA, for Appellee.

Before: MANSMANN, ALITO, and BARRY, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge.

Nextel West Corporation ("Nextel"), a wireless telecommunications company, has attempted to gain permission from the defendants, Unity Township ("Township") and its Zoning Hearing Board ("ZHB"), to build a 250 foot radio tower on private property in the Township, which is located southeast of Pittsburgh. On appeal to this Court, Nextel argues that the Township violated the federal Telecommunications Act of 1996...

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