SPRINT SPECTRUM v. ZON. HEARING BD. OF TP.


823 A.2d 258 (2003)

SPRINT SPECTRUM, L.P., v. ZONING HEARING BOARD OF THE TOWNSHIP OF NORTH WHITEHALL, Township of North Whitehall and John J. McDonald and Lisa J. McDonald and Michael H. Hausman and Sandra M. Hausman, individually, Appeal: Township of North Whitehall.

Commonwealth Court of Pennsylvania.

Decided May 7, 2003.


Attorney(s) appearing for the Case

Lisa A. Young, Orefield, for Appellant.

Joseph Maher, Allentown, for appellees.

Catherine E. Durso, Center Valley, for appellee, Sprint Spectrum, L.P.

BEFORE: LEADBETTER, Judge, COHN, Judge (P.) and McCLOSKEY, Senior Judge.


Opinion by Judge COHN.

The Township of North Whitehall (Township) appeals the order of the Court of Common Pleas of Lehigh County, which reversed the decision of the Zoning Hearing Board (Board) of the Township. We affirm.

The relevant facts of the case are as follows. Sprint Spectrum, L.P. (Sprint) leased a 50 by 50 foot plot of land with the intention of erecting a communications tower. The parcel, part of a 50-acre farm, is located in Heidelberg Township...

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