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· 10/4/2007

Ogden Fire Co. No. 1 v. Upper Chichester Township

Citations

  • 504 F.3d 370
  • 42 Communications Reg. (P&F) 1033
  • 2007 U.S. App. LEXIS 23263
  • 2007 WL 2875934

How courts have described this case

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

  • rejecting the argument that the Act only applies to zoning permits, because the city could use other permits to delay construction of telecommunications infrastructure
  • ordering township to issue all required zoning permits and variances issue
  • once applicant has complied with the ordinance, “burden then shifts to objectors to prove that the proposed use is not, in fact, consistent with the promotion of health, safety, and general welfare.”
  • same holding regarding building permits

Source: CourtListener parenthetical corpus (CC0).

Judges: McKee, Ambro, Ackerman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.