PHILADELPHIA – A telecommunications provider alleges that it should be exempt from local zoning requirements and seeks to build facilities in Abington Township.
Crown Castle NG East LLC filed a complaint on Sept. 19 in the U.S. District Court for the Eastern District of Pennsylvania against Abington Township citing the Telecommunications Act.
According to the complaint, the plaintiff alleges that it had planned facilities in the defendant's township to expand and improve availability of wireless telecommunications services. The suit states it planned to add two antennas to existing facilities and the construction of new facilities in the township.
The plaintiff holds Abington Township responsible because the defendant allegedly denied the plaintiff's request for approval of its permit applications based on the reason that it failed to obtain a zoning approval including the use and dimensional variances for the proposed upgrades of the facilities.
The plaintiff seeks declare that it is not subject to Abington's zoning ordinances, injunction barring the defendant from denying the plaintiff's permit, injunction requiring the issuance of all permits and authorizations necessary to construct the proposed existing facility modifications and any further relief this court grants. It is represented by Gerald E. Burns of Buchanan Ingersoll & Rooney PC in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-04169-JP