Township of East Caln v. Zoning Hearing Board

OPINION BY

Judge LEADBETTER.

East Cain Township (Township) appeals the order of the Court of Common Pleas of Chester County (common pleas), which affirmed the decision of the Zoning Hearing Board of East Cain Township (ZHB) granting Cingular Pennsylvania, LLC d/b/a Cingular Wireless, LLC (Cingular) a dimensional variance. The Township argues that the ZHB erred in granting the variance because Cingular failed to establish the criteria set forth in Section 910.2 of the Municipalities Planning Code (MPC) 2 required for the grant of a variance. We reverse.

Cingular leases property located at 321…