Pa. Judge Seeks More Evidence in 4-Year Tower Dispute

A Pennsylvania appeals court remanded for a second time in a four-year-old legal fight to get a variance for erecting a 195-foot wireless tower on a school district’s property. Vogue Towers submitted a variance application in December 2018 and received approval from the Upper Yoder Township Zoning Hearing Board in April 2019. Citizens from Upper Woodmont appealed to a state trial court, which sided with the company. But on appeal, the Pennsylvania Commonwealth Court in July 2020 remanded so the lower court could determine if the company was applying for a location squarely within the board's jurisdiction. Later, the Yoder township updated its zoning ordinance and Vogue Towers amended its application to ensure the tower was in the township’s limits. The board approved the amended application in December 2020, but the citizen objectors appealed again. In April 2021, the trial court dismissed the complaint and affirmed the zoning board’s decision. Citizens appealed the case back to the Commonwealth Court. Judge Michael Wojcik ruled Thursday that the lower court suitably complied with his court’s previous remand. “However, there is absolutely no record evidence demonstrating that the new site for the proposed cell tower as provided in the Amended Application meets all of the mandatory requirements supporting the grant of a variance under either the Zoning Ordinances" or the Pennsylvania Municipalities Planning Code. "As a result, we are constrained to again vacate the trial court’s order affirming the Board’s decision, and remand the matter to the trial court to receive evidence demonstrating that the new site … meets all of the required elements supporting the grant of a variance.”