Horvath Towers III, LLC v. Zoning Hearing Board of Montoursville Borough

Filing 17

ORDER (MEMORANDUM filed previously as separate docket entry) - GRANTING IN PART AND DENYING IN PART Defendant Zoning Hearing Board of Montoursville Borough's 11 Motion to Dismiss (See Order for complete details.) Signed by Honorable Matthew W. Brann on 10/18/16. (km)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA HORVATH TOWERS III, LLC, Plaintiff, v. ZONING HEARING BOARD OF MONTOURSVILLE BOROUGH, Defendant. : : : : : : : : : : No. 4:16-CV-00421 (Judge Brann) ORDER October 18, 2016 AND NOW, in accordance with the Memorandum of this same date, IT IS HEREBY ORDERED THAT Defendant’s Motion to Dismiss is granted in part and denied in part. Defendant’s Motion is granted with respect to Plaintiff’s claim under the Telecommunications Act of 1996’s “unreasonable discrimination” provision, codified at 47 U.S.C. § 332(c)(7)(B)(i)(I). Defendant’s Motion is denied with respect to Plaintiff’s remaining claim under the “substantial evidence” provision of the TCA, codified at 47 U.S.C. § 332(c)(7)(B)(iii), and its zoning appeal pursuant to state law. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann United States District Judge

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