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Author Question: Jurisdiction over bankruptcy proceedings is vested in the federal district courts. Indicate whether ... (Read 35 times)

Lobcity

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on: Jun 24, 2018
Jurisdiction over bankruptcy proceedings is vested in the federal district courts.
  Indicate whether the statement is true or false

Question 2

Global Tower leased a portion of the 30-acre tract of Lloyd and Shirley Singer's farm in order to construct a cell phone tower, along with the necessary and related ground equipment for its use. The Singer farm is located in a C zoning area in Hamilton Township, a zoning classification that permits multi-unit residences, commercial uses, light industrial uses, and radio and television transmission and receiving towers. Global sought approval from the zoning commission in the township for construction of the cell tower. Sprint had already had a similar tower approved in another area of the township. However, Global's application was denied because the zoning board found that it would be a departure from the ordinary uses in the Singer farm area and that it constituted development of the land, something that would require more processes and approval. Discuss the issues in cell tower approval as well as the actions of the board in this case.


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scottmt

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Reply #1 on: Jun 24, 2018
Answer to Question 1

TRUE

Answer to Question 2

The court held that the evidence supported the placement of the tower and the precedent was on Global's side because other C-zoning areas had cell towers. The board was stretching to find a way to disapprove the tower when the evidence showed that it would not affect the health and welfare of those around the area. Also, federal law prohibits zoning boards from making arbitrary decisions when it comes to cell tower placement. Global Tower, LLC v. Hamilton Tsp., - F. Supp. 2d -, 2012 WL 4061190 (M.D. Pa. 2012).


Lobcity

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Reply 2 on: Jun 24, 2018
Gracias!

Missbam101

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Reply 3 on: Yesterday
Great answer, keep it coming :)

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