Legal Opinion
APT Pittsburgh Ltd. Partnership v. Lower Yoder Township
District Court, W.D. Pennsylvania
Decided July 26, 2000No. CIV. A. 98-187JPublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
D. BROOKS SMITH, District Judge.
In this action, plaintiff APT Pittsburgh Limited Partnership (“APT”) has sued Lower Yoder Township and its Zoning Hearing Board (“ZHB” or “Board”) over the Board’s refusal to issue a building permit for APT to erect a cellular communications tower. Plaintiff claims that the Board’s action violated the federal Telecommunications Act (“TCA”), Pennsylvania law, and a host of federal constitutional provisions. In accordance with the procedure adopted by numerous other federal courts, I decided to review the ZHB’s decision based solely on…
2Cases cited27 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Andrews v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1990
22 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Nextel West Corp. v. Unity TownshipCourt of Appeals for the Third Circuit · 2002
- Omnipoint Communications Enterprises, L.P. v. Zoning Hearing Board of Easttown TownshipCourt of Appeals for the Third Circuit · 2003
- In Re Ramreddy, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2009
- Schiazza v. Zoning Hearing Board Fairview TownshipDistrict Court, M.D. Pennsylvania · 2001
- Omnipoint Communications Enterprises, L.P. v. Zoning Hearing BoardDistrict Court, E.D. Pennsylvania · 2002
13 more not listed; retrieve them via the Exa API.