East Hempfield Township v. Brubaker

OPINION BY

Judge SMITH-RIBNER.

Appellants (hereafter Brubaker) appeal from a final decree of the Court of Common Pleas of Lancaster County denying Brubaker’s motion for post-trial relief and entering as final a decree nisi allowing Brubaker use of its communications tower until such time that East Hempfield Township (Township) either relocates the tower or removes it and provides Brubaker with equivalent communications technology. On appeal Brubaker contends that the trial court erred in granting the Township unilateral authority to declare that the tower poses a risk to the safety and welfare…