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EAST HEMPFIELD TOWNSHIP v. BRUBAKER

828 A.2d 1184 (2003)

EAST HEMPFIELD TOWNSHIP v. Donald BRUBAKER, Brubaker and Brubaker, a Partnership, Brubaker, Inc. and Nextel Partnership, Inc. Appeal of: Donald Brubaker, Brubaker and Brubaker, a Partnership, Brubaker, Inc.

Commonwealth Court of Pennsylvania.

Decided July 16, 2003.

Attorney(s) appearing for the Case

Michael S. Grab, Columbia, for appellant.

Linus E. Fenicle, Camp Hill, for appellee.

BEFORE: McGINLEY, Judge, SMITH-RIBNE R, Judge, and JIULIANTE, Senior Judge.

OPINION BY Judge SMITH-RIBNER.

Appellants (hereafter Brubaker) appeal from a final decree of the Court of Common Pleas of Lancaster County denying Brubaker's motion for post-trial relief and entering as final a decree nisi allowing Brubaker use of its communications tower until such time that East Hempfield Township (Township) either relocates the tower or removes it and provides Brubaker with equivalent communications technology. On appeal Brubaker contends that...

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