TOWNSHIP OF EAST CALN v. ZON. HEAR. BD.


915 A.2d 1249 (2007)

TOWNSHIP OF EAST CALN, Appellant v. ZONING HEARING BOARD OF EAST CALN TOWNSHIP.

Commonwealth Court of Pennsylvania.

Decided January 23, 2007.


Attorney(s) appearing for the Case

David A. Malman, West Chester, for appellant.

John H. Kiefel, Downingtown, for appellee.

BEFORE: SMITH-RIBNER, Judge, PELLEGRINI, Judge, and LEADBETTER, Judge.


OPINION BY Judge LEADBETTER.

East Caln Township (Township) appeals the order of the Court of Common Pleas of Chester County (common pleas), which affirmed the decision of the Zoning Hearing Board of East Caln Township (ZHB) granting Cingular Pennsylvania, LLC d/b/a Cingular Wireless, LLC (Cingular) a dimensional variance. The Township argues that the ZHB erred in granting the variance because Cingular failed to establish the criteria set forth in Section 910.2 of...

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