Legal Opinion
Sprint Spectrum L.P. v. Zoning Hearing Board of Mahoning Township
Pennsylvania Court of Common Pleas, Carbon County
Decided May 25, 2000No. 00-0125PublishedCited by 7 opinions
1Opinion of the Court
LAVELLE, P.J.,
In this validity challenge to the Mahoning Township zoning ordinance, the principal issue presented is whether the ordinance is unconstitutionally exclusionary because it makes no provision for cellular communications towers. We hold that the ordinance is not exclusionary and we therefore af*189firm the decision of the Mahoning Township Zoning Hearing Board dated December 7,1999.1
The ZHB held an evidentiary hearing on Novemer 9, 1999, and at the conclusion of that hearing it rejected the validity challenge filed by Sprint Spectrum L.P. and upheld the validity of the ordinance. On…
2Cases cited7 opinions
- Surrick v. ZHB OF U. PROVIDENCE TP.Supreme Court of Pennsylvania · 1977
- Apt Pittsburgh Limited Partnership v. Penn Township Butler County Of PennsylvaniaCourt of Appeals for the Third Circuit · 1999
- Stahl v. Upper Southampton Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1992
- Willits Woods Associates v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1991
- Sullivan v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Omnipoint Communications Enterprises, L.P. v. Zoning Hearing Board of Easttown TownshipCourt of Appeals for the Third Circuit · 2003
- Omnipoint Communications Enterprises, L.P. v. Zoning Hearing BoardDistrict Court, E.D. Pennsylvania · 2002
- Omnipoint Communications Enterprises, L.P. v. Zoning Hearing Board of Easttown TownshipCourt of Appeals for the Third Circuit · 2003
- Omnipoint Comm Entr v. Zoning HearingCourt of Appeals for the Third Circuit · 2003
- Omnipoint Comm Entr v. Zoning HearingCourt of Appeals for the Third Circuit · 2003
2 more not listed; retrieve them via the Exa API.