FAIRVIEW v. FAIRVIEW ZONING HEARING BD.

Nos. 1493 & 1494 C.D. 2018.

233 A.3d 958 (2020)

FAIRVIEW TOWNSHIP, Appellant v. FAIRVIEW TOWNSHIP ZONING HEARING BOARD v. Up State Tower Co., LLC.

Commonwealth Court of Pennsylvania.

Decided June 2, 2020.


Attorney(s) appearing for the Case

Andrew M. Schmidt , Erie, for Appellant.

Thomas S. Thompson , Washington DC, for Appellee Up State Tower Co., LLC.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge, HONORABLE J. ANDREW CROMPTON, Judge.


Fairview Township (Township) appeals from the October 11, 2018 order of the Court of Common Pleas of Erie County (trial court), which, after a de novo hearing, granted Up State Tower Co., LLC's (Up State) requests for use, height and dimensional variances

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