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MACIOCE v. ZONING HEARING BD.

850 A.2d 882 (2004)

Robert MACIOCE and Pittsburgh Cellular Telephone Company, d/b/a A.T. & T. Wireless Services v. The ZONING HEARING BOARD OF THE BOROUGH OF BALDWIN, Pennsylvania v. The Borough of Baldwin, Appellant.

Commonwealth Court of Pennsylvania.

Decided May 28, 2004.

Attorney(s) appearing for the Case

Thomas P. McDermott, Pittsburgh for appellant.

James H. Roberts and Kathryn L. Hunter, Pittsburgh, for appellees.

BEFORE: LEADBETTER, Judge, and KELLEY, Senior Judge, and FLAHERTY, Senior Judge.

OPINION BY Senior Judge KELLEY.

The Borough of Baldwin (Borough) appeals from the order of the Court of Common Pleas of Allegheny County (trial court) which reversed the decision of the Zoning Hearing Board of the Borough of Baldwin (Board), and granted site-specific relief to Robert Macioce (Landowner) and Pittsburgh Cellular Telephone Company d/b/a A.T. & T. Wireless Services (AT & T) to construct a communications facility in the Borough's Planned Residential...

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