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OGDEN FIRE CO. NO. 1 v. UPPER CHICHESTER TP.

Nos. 06-22997, 070-1694.

504 F.3d 370 (2007)

OGDEN FIRE COMPANY NO. 1; Sprint Spectrum, L.P. Appellees v. UPPER CHICHESTER TOWNSHIP; Zoning Hearing Board of Upper Chichester Township, Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: October 4, 2007.

As Amended October 4, 2007.

Attorney(s) appearing for the Case

John J. Rendemonti, Esq. (Argued), Glenn Mills, PA, Howard J. Gallagher, III, Esq., Gallagher & Gallagher, Media, PA, for the Appellants.

Rudolph Garcia, Esq. (Argued), Buchanan, Ingersoll & Rooney PC, Philadelphia, PA, John Jay Wills, Esq., Boothwyn, PA, for the Appellees.

Before: McKEE, AMBRO, Circuit Judges and ACKERMAN, District Judge.

OPINION

McKEE, Circuit Judge.

Upper Chichester Township and the Zoning Hearing Board of Upper Chichester Township appeal two orders of the district court reversing a determination of the Zoning Hearing Board based upon the district court's conclusion that the denial of requested zoning approvals and a building permit violated the Telecommunications Act of 1996. For the reasons that follow, we will affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

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