Nextel Partners, Inc. v. Clarks Summit Borough

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 satisfy several requirements in the Clarks Summit Borough Zoning Ordinance (Ordinance). On appeal, the trial court reversed,…