Crown Communications v. Zoning Hearing Board

OPINION OF THE COURT

FLAHERTY, Chief Justice.

The issue in these consolidated cases is whether private business entities may be considered public utilities for zoning purposes when the applicable zoning ordinances do not define “public utility.”

Crown Communications, a sole proprietorship engaged in the business of providing facilities for wireless communications, obtained a perpetual easement from the Borough of Glenfield to construct and maintain a 375 foot communications tower and equipment shed on a residential lot measuring 100 feet by 100 feet. On or about August 3, 1994 Crown applied for…