T-Mobile USA Inc. v. Zoning Hearing Board

BLACK, J,

This matter is before the court on the appeal of T-Mobile USAInc./Omnipoint Communications Enterprises LP from a decision of the Zoning Hearing Board of the Township of Whitehall denying its application for a special exception to construct a wireless communication facility on premises at 2480 Main Street, Whitehall, Lehigh County, Pennsylvania. T-Mobile also requested two variances, but this request became moot when the special exception was denied. T-Mobile contends that the board abused its discretion and committed an error of law in denying the special exception. For the reasons…