Global Tower, LLC v. Hamilton Township et al

Filing 43

ORDER re 42 Memorandum (Order to follow as separate docket entry), IT IS HEREBY ORDERED that Magistrate Judge Methvins Report and Recommendation (Doc. 37) on Plaintiff Global Tower, LLCs Motion for Summary Judgment (Doc. 22) and Defendants Hamilt on Township and the Zoning Hearing Board of Hamilton Townships Motion for Summary Judgment (Doc. 19) is ADOPTED. (1)Defendants Hamilton Township and the Zoning Hearing Board of Hamilton Townships Motion for Summary Judgment (Doc. 19) is DENIED.(2)Glo bal Tower, LLCs Motion for Summary Judgment (Doc. 22) is GRANTED.(3)Defendant Zoning Hearing Board of Hamilton Township shall grant the Application of Plaintiff Global Tower, LLC for special use to erect a 250-foot tall, three legged, lattice-type to wer on the property of Lloyd J. and Shirley M. Singer located on Pensyl Creek Road in Hamilton Township, Monroe County, Pennsylvania.(4)Defendants shall issue all necessary zoning and building permits as proposed in Global Tower, LLCs special use App lication as expeditiously as possible after Global Tower, LLC submits the required application and plans pursuant to the Townships Building Code.(5)Judgment is ENTERED for Plaintiff Global Tower, LLC and against Defendants Hamilton Township and the Zoning Hearing Board of Hamilton Township with respect to all claims.(6)The Clerk of Court is directed to mark the case as CLOSED.Signed by Honorable A. Richard Caputo on 9/14/12. (jam, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA GLOBAL TOWER, LLC, CIVIL ACTION NO. 3:CV-10-1705 Plaintiff, (JUDGE CAPUTO) v. (MAGISTRATE JUDGE METHVIN) HAMILTON TOWNSHIP, and ZONING HEARING BOARD OF HAMILTON TOWNSHIP Defendants. ORDER NOW, this 14th day of September, 2012, IT IS HEREBY ORDERED that Magistrate Judge Methvin’s Report and Recommendation (Doc. 37) on Plaintiff Global Tower, LLC’s Motion for Summary Judgment (Doc. 22) and Defendants Hamilton Township and the Zoning Hearing Board of Hamilton Township’s Motion for Summary Judgment (Doc. 19) is ADOPTED. (1) Defendants Hamilton Township and the Zoning Hearing Board of Hamilton Township’s Motion for Summary Judgment (Doc. 19) is DENIED. (2) Global Tower, LLC’s Motion for Summary Judgment (Doc. 22) is GRANTED. (3) Defendant Zoning Hearing Board of Hamilton Township shall grant the Application of Plaintiff Global Tower, LLC for special use to erect a 250foot tall, three legged, lattice-type tower on the property of Lloyd J. and Shirley M. Singer located on Pensyl Creek Road in Hamilton Township, Monroe County, Pennsylvania. (4) Defendants shall issue all necessary zoning and building permits as proposed in Global Tower, LLC’s special use Application as expeditiously as possible after Global Tower, LLC submits the required application and plans pursuant to the Township’s Building Code. (5) Judgment is ENTERED for Plaintiff Global Tower, LLC and against Defendants Hamilton Township and the Zoning Hearing Board of Hamilton Township with respect to all claims. (6) The Clerk of Court is directed to mark the case as CLOSED. /s/ A. Richard Caputo A. Richard Caputo United States District Judge 2

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