A panel of judges has ruled in favor of a 195-foot cell tower proposed by Pegasus Tower and Open Range Communications in Cambria County, Pennsylvania, according to the Tribune-Democrat.
The companies had been appealing a decision made by the township’s supervisors and zoning hearing board against the planned monopole.
In a 16-page opinion, the court ruled that the tower construction should be approved because a public hearing was not held within 60 days before the application was rejected by the township supervisors.
It’s not over yet. The judges instructed the town’s supervisors to explain in writing why the township does not have authority to grant special exception of a conditional use in an area zoned for conservancy.
Additionally, Pegasus and Open Range asserted that the current ordinance does not provide guidance for cell tower siting. Accordingly, the court ordered the township zoning hearing board to issue a decision on whether the current zoning ordinance is exclusionary.