Omnipoint Corp. v. Zoning Hearing Board of Pine Grove Township

DECISION AND ORDER

VAN ANTWERPEN, District Judge.

I. INTRODUCTION

This action is filed under the Telecommunications Act of 1996, 47 U.S.C. § 332, (“TCA”). The Plaintiffs in this case, Omni-point Corporation (“Omni”) and Linda Genth, seek review of the Zoning Hearing Board of Pine Grove Township’s (“Board”) denial of its application for a special exception under § 902(3) of the Pine Grove Township Ordinance (“Zoning Ordinance”).

We have reviewed the record and conclude that for the following reasons, Defendants have violated the TCA and Plaintiffs are entitled to the relief requested. 1

II.…