Legal Opinion

Tu-Way Tower Co. v. Zoning Hearing Board of the Township of Salisbury

Commonwealth Court of Pennsylvania

Decided January 21, 1997PublishedCited by 15 opinions

1Opinion of the Court

COLINS, President Judge.

Tu-Way Tower Co. (Tu-Way) appeals the order of the Court of Common Pleas of Le-high County (common pleas court) affirming the decision of the Zoning Hearing Board of Salisbury Township (Board) denying Til-Way’s application for a special exception or variance to extend the height of its communications tower by 200 feet and/or to erect two new 200-foot communications towers and accessory buildings. We affirm.

Tu-Way owns twelve acres of land located on a mountain top in Salisbury Township (Township). In 1990, Tu-Way received a special exception to construct, and did in…

2Cases cited4 opinions

  1. Valley View Civic Ass'n v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1983
  2. Constantino v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1992
  3. Kirk v. Smay.Commonwealth Court of Pennsylvania · 1976
  4. Marinari v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1985

3Cited by15 opinions

  1. White v. Township of Upper St. ClairCommonwealth Court of Pennsylvania · 2002
  2. Lehigh Asphalt Paving & Construction Co. v. Board of Supervisors of East Penn TownshipCommonwealth Court of Pennsylvania · 2003
  3. Upper Southampton Township. v. Upper Southampton Township Zoning Hearing BoardSupreme Court of Pennsylvania · 2007
  4. Marshall Township Board of Supervisors v. Marshall Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1998
  5. West Central Germantown Neighbors v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 2003

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