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CABLEVISION -- DIVISION SAMMONS COMMUNICATIONS v. ZONING HEARING BOARD CITY EASTON (06/03/74)

decided: June 3, 1974.

CABLEVISION -- DIVISION OF SAMMONS COMMUNICATIONS, INC., APPELLANT,
v.
THE ZONING HEARING BOARD OF CITY OF EASTON, PENNSYLVANIA, APPELLEE, AND DR. JOSEPH T. URBAN AND MARGARET L. URBAN, INTERVENING APPELLEES



Appeal from the Order of the Court of Common Pleas of Northampton County in case of Cablevision -- Division of Sammons Communications, Inc. v. The Zoning Hearing Board of City of Easton, Pennsylvania, No. 309 January Term, 1972.

COUNSEL

Frank S. Poswistilo, with him Brose, Poswistilo, LaBarr & Jacobs, for appellant.

Charles L. Oldt, with him Fox, Oldt & Hambrook, for intervening appellees.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer. Judges Rogers and Blatt concur in result.

Author: Mencer

[ 13 Pa. Commw. Page 233]

This appeal is from the dismissal by the Court of Common Pleas of Northampton County of an appeal

[ 13 Pa. Commw. Page 234]

    by Cablevision -- Division of Sammons Communications, Inc. (Cablevision), from a decision of the Zoning Hearing Board of the City of Easton (Board). The Board's decision revoked a permit issued to Cablevision to erect a television tower to be used for the purpose of providing cable television service to residents of the City of Easton (City) and surrounding communities.

In 1961 the City leased a portion of its water reservoir property located along the northern boundary of the City to a predecessor of Cablevision for the erection and installation of a television antenna. An 85-foothigh tower was erected and remained at the site until November 1971 when Cablevision began construction of a new tower. Cablevision had obtained approval of the plans and specifications for the new tower by the City's engineer and, under the terms of a lease, the City had specifically authorized the erection of a new tower to a height of 160 feet.

Cablevision had expended approximately $20,000 in erecting the tower to a height of approximately 140 feet when, on January 17, 1972, the zoning officer notified Cablevision that a zoning permit was required incident to the tower's being constructed. The following day Cablevision made application for the permit which was granted by the zoning officer.

On January 20, 1972, Dr. and Mrs. Joseph Urban, nonresidents of the City and owners of real estate adjoining the tower site but situate in the Township of Forks, filed an appeal from the zoning officer's issuance of the permit to Cablevision with the Board. Following a hearing, the Board revoked the permit and Cablevision appealed to the court below which entered an order dismissing the appeal and affirming the order of the Board. Cablevision filed this appeal and we reverse.

Before the Board, the court below, and here, Cablevision has contended that Dr. and ...


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