Cellco Partnership v. North Annville Township Zoning Hearing Board

DISSENTING OPINION BY

President Judge LEADBETTER.

Respectfully, I dissent. Because I think that the ZHB applied and common pleas sustained an erroneous, overly restrictive interpretation of the ordinance to deny Verizon’s request to locate a telecommunications (cell) tower in the rural zoning district, I would reverse.

The proper interpretation of a zoning ordinance is an issue of law over which our review is plenary. A & L. Inv. v. Zoning Hearing Bd. of McKeesport, 829 A.2d 775 (Pa.Cmwlth.2003). In general, as the majority states, a ZHB’s interpretation of its ordinance is entitled to great…