Legal Opinion
McMahon v. Kingston Township Board of Supervisors
Commonwealth Court of Pennsylvania
Decided April 5, 2001No. 2175 C.D. 1999PublishedCited by 5 opinions
1Opinion of the Court
McGINLEY, Judge.
The issue in this appeal is whether a 150-foot cellular communications monopole (monopole) constitutes a semi-public use and thus is permitted as a conditional use in an R-2 residential zoning district.
Pennsylvania Cellular Telephone Corp., trading and doing business as Cellular One (Cellular One), appeals from an order of the Court of Common Pleas of Luzerne County (common pleas court) that reversed the decision of the Board of Supervisors of Kingston Township (Board) and granted Cellular One’s conditional use application.
Cellular One is a private for profit corporation…
2Cases cited3 opinions
- Teazers, Inc. v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1996
- CRARY HOME v. DeFREESCommonwealth Court of Pennsylvania · 1974
- Bell Atlantic Mobile Systems, Inc. v. Borough of BaldwinCommonwealth Court of Pennsylvania · 1996
3Cited by5 opinions
- Triangle Fraternity v. City of Norman, Ex Rel. Norman Board of AdjustmentSupreme Court of Oklahoma · 2002
- Heilker v. Zoning Board of AppealsCourt of Appeals of South Carolina · 2001
- Heilker v. Zoning Board of AppealsCourt of Appeals of South Carolina · 2001
- In Re: Appeal of L. Baltra From the Decision of the New Britain Twp. ZHB -- Appeal of: Bd. of Supervisors of New Britain Twp.Commonwealth Court of Pennsylvania · 2015
- Triangle Fraternity v. City of Norman, Ex Rel. Norman Board of AdjustmentSupreme Court of Oklahoma · 2002