APT Pittsburgh Ltd. Partnership v. Lower Yoder Township

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Defendant was entitled to summary judgment where Plaintiff failed to demonstrate that it was treated differently with respect to the erection of a telecommunications tower in a specific zoning district
• noting that this is the “procedure [that] is consistent with that followed by most … federal district courts in reviewing the decisions of local zoning authorities under the TCA”
• “statements made only on belief or on information and belief may not be considered [for summary judgment]
• although zoning ordinance did not specifically permit communication towers, provision in ordinance that allowed in a light industrial district “[bjroadcasting, radio, and television station[s] and any necessary and related facilities” precluded a finding of de jure exclusion

Source: CourtListener parenthetical corpus (CC0).