Northeast Pennsylvania SMSA LP v. The Smithfield Township Board of Supervisors

Filing 35

ORDERED THAT 1.Defendant Smithfield Township Board of Supervisors Motion for Summary Judgment (Doc. 21) is DENIED with respect to Plaintiff Northeast Pennsylvania SMSA LP, d/b/a Verizon Wirelesss substantial evidence claim under the Telecommunication s Act (TCA) (Count I) and state law zoning appeal under the Pennsylvanias Municipalities Planning Code (MPC), 53 Pa. Stat. and Cons. Stat. Ann. §§ 10101, et seq, (Count III). 2.Plaintiff Northeast Pennsylvania SMSA LP, d/b/a Verizon Wirele sss Motion for Summary Judgment (Doc. 26) is GRANTED with respect to its substantial evidence claim under the TCA (Count I) and its state law zoning appeal under the MPC (Count III). 3.Plaintiff Northeast Pennsylvania SMSA LP, d/b/a Verizon Wireless s prohibition of service claim under the TCA (Count II) is DISMISSED AS MOOT.4.Judgment is hereby entered IN FAVOR OF PLAINTIFF Northeast Pennsylvania SMSA LP, d/b/a Verizon Wireless and AGAINST DEFENDANT Smithfield Township Board of Supervisors on C ounts I and III.5.Defendant Smithfield Township Board of Supervisors SHALL GRANT Northeast Pennsylvania SMSA LP, d/b/a Verizon Wirelesss Application for a conditional use related to the construction of the cell tower. In so doing, Defendant Smithfie ld Township Board of Supervisors, to the extent it desires, may attach reasonable conditions thereto regarding the cell towers lighting and controlled collapse as it indicated in its decision (see Doc. 27-23, at 20). 6.The case is REMANDED to the Smi thfield Township Board of Supervisors for the purposes of compliance with paragraph 5 of this Order.7.The Clerk of Court is directed to CLOSE this case in the District Court for the Middle District of Pennsylvania.Signed by Honorable Robert D. Mariani on 1/15/20. (jam)