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NEXTEL PARTNERS, INC. v. CLARKS SUMMIT BOROUGH

Nos. 1375 C.D. 2007, 1376 C.D. 2007.

958 A.2d 587 (2008)

NEXTEL PARTNERS, INC. v. CLARKS SUMMIT BOROUGH/CLARKS SUMMIT BOROUGH COUNCIL v. Stephen J. Evers. Appeal of Stephen J. Evers. Nextel Partners, Inc. v. Clarks Summit Borough/Clarks Summitt Borough Council, Appellant.

Commonwealth Court of Pennsylvania.

Decided October 10, 2008.

Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Scranton and Stephen J. Evers, Clarks Summit, for designated appellants, Clarks Summit Borough and Stephen J. Evers.

Michael S. Grab, Columbia, for appellee, Nextel Partners, Inc.

BEFORE: SMITH-RIBNER, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

In these consolidated land use appeals, Clarks Summit Borough/Borough Council (Borough Council) and Stephen J. Evers (Objector) ask whether the Court of Common Pleas of Lackawanna County (trial court) erred in determining Nextel Partners, Inc. (Applicant) was entitled to a deemed approval of its conditional use application seeking to construct a cellular communications tower. Borough Council denied the application on the grounds it did not...

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