DEPOLO v. BD. OF SUP'RS TREDYFFRIN TP.

No. 15-2495.

835 F.3d 381 (2016)

Jeffrey DEPOLO, Appellant v. BOARD OF SUPERVISORS TREDYFFRIN TOWNSHIP; Michael C. Heaberg; Kristen K. Mayock; Paul Olson; Evelyn Richter; John P. Dibuonaventuro; Mark Freed; Murph Wysocki, In their capacities as members of the Board of Supervisors of Tredyffrin Township; Tredyffrin Township Zoning Hearing Board Of Appeals; Arnold Borish; Daniel McLaughlin; NEILL KLING, in their capacities as members of the Zoning Heard Board of Appeals of Tredyffrin Township Schuylkill Township; Paul Adack; Patricia Adack; Mark Samuels; Kimberly Samuels; George Randolph; Suzanne Randolph (Intervenors in D.C.).

United States Court of Appeals, Third Circuit.

Opinion filed: August 30, 2016.


Attorney(s) appearing for the Case

Robert B. Famiglio, Esq. , Famiglio & Associates, P.O. Box 1999, Media, PA 19063, Fred Hopengarten, Esq. (ARGUED), 6 Willarch Road, Lincoln, MA 01773, Counsel for Appellant

Maureen M. McBride, Esq. (ARGUED), Lamb McErlane, 24 East Market Street, P.O. Box 565, West Chester, PA 19381, Counsel for Appellee Tredyffrin Township Board of Supervisors, et al

Stacey L. Fuller, Esq. , John Larkin, Esq. (ARGUED), Gawthrop Greenwood, 17 East Gay Street, Suite 100, West Chester, PA 19381, Counsel for Appellee Tredyffrin Township Zoning Hearing Board of Appeals, et al

Patricia Adack [Pro Se], Paul Adack [Pro Se], 1235 Horseshoe Trail, Phoenixville, PA 19460

Suzanne Randolph [Pro Se], 1245 Horseshoe Trail, Valley Forge, PA 19481

Kimberly Samuels [Pro Se], Mark Samuels [Pro Se], 1255 Horseshoe Trail, Phoenixville, PA 19460

George B. Randolph, III, Esq. [Pro Se], Riley Riper Hollin & Colagreco, 717 Constitution Drive, Eagleview Corporate Center, P.O. Box 1265, Exton, PA 19341

William J. Brennan, Esq. , Butera Beausang Cohen & Brennan, 630 Freedom Business Center, Suite 212, King of Prussia, PA 19406, Counsel for Intervenor Township of Schuylkill

Christopher D. Imlay, Esq. , Booth Freret & Imlay, 14356 Cape May Road, Silver Spring, MD 20904, Counsel Amicus Appellant, American Radio Relay League, Inc.

Before: McKEE, Chief Judge, AMBRO, and SCIRICA, Circuit Judges


OPINION OF THE COURT

This appeal arises from a land use dispute between Jeffrey DePolo, a federally licensed amateur or "ham" radio enthusiast, and the Township of Tredyffrin ("Township"). DePolo attempted to have the Township's Zoning Hearing Board of Appeals ("ZHBA") approve a 180-foot radio antenna tower on his property...

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