CELLCO P'SHIP v. N. ANNVILLE ZON. HEAR. BD.


939 A.2d 430 (2007)

CELLCO PARTNERSHIP d/b/a Verizon Wireless, Appellant v. NORTH ANNVILLE TOWNSHIP ZONING HEARING BOARD, Adaline M. Atkins, Gary L. Strock and Susan E. Strock.

Commonwealth Court of Pennsylvania.

Decided December 17, 2007.

Reargument Denied February 7, 2008.


Attorney(s) appearing for the Case

Michael D. Reed and Paula J. Leicht, Harrisburg, for appellant.

Keith L. Kilgore, Lebanon, for appellee, North Annville Township Zoning Hearing Board.

Susan J. Smith, Camp Hill, for appellee, Adaline M. Atkins.

David J. Tshudy, Lebanon, for appellees, Gary L. Strock and Susan E. Strock.

BEFORE: LEADBETTER, President Judge, and LEAVITT, Judge (P), and FLAHERTY, Senior Judge.


OPINION BY Judge LEAVITT.1

Cellco Partnership d/b/a Verizon Wireless appeals from the order of the Court of Common Pleas of Lebanon County (trial court), which affirmed the decision of the North Annville Township Zoning Hearing Zoning Board (Zoning Board) to deny Verizon's request to locate a telecommunications tower in the Rural-Residential (R-1) District. The Zoning Board concluded that a cellphone tower was not compatible with a district...

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