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ALLEGHENY TOWER ASSOC. v. ZONING HEARING BD

No. 2085 C.D. 2015.

152 A.3d 1118 (2017)

ALLEGHENY TOWER ASSOCIATES, LLC, Appellant, v. CITY OF SCRANTON ZONING HEARING BOARD.

Commonwealth Court of Pennsylvania.

FILED: January 10, 2017.

Attorney(s) appearing for the Case

Timothy J. Siegfried , Allentown, for appellant.

Daniel L. Penetar , Scranton, for appellee.

BEFORE: HONORABLE ROBERT SIMPSON, Judge, HONORABLE JOSEPH M. COSGROVE, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge

OPINION

Allegheny Tower Associates, LLC (Applicant) asks whether the Court of Common Pleas of Lackawanna County (trial court) erred in affirming a decision of the City of Scranton Zoning Hearing Board (ZHB), which, based on a split decision, technically denied Applicant's request for a special exception to construct a monopole...

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