United States Third Circuit

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Depolo v. Tredyffrin Township Bd. of Supervisors, 15-2495

In a dispute between a federally licensed amateur or 'ham' radio enthusiast and a Township, arising out of plaintiff's attempt to have the township's Zoning Hearing Board of Appeals (ZHBA) approve a 180-foot radio antenna tower on his property so that he could communicate with other ham radio operators around the world, the District Court's grant of defendants' motion to dismiss based on its conclusion that the 65-foot variance offered by the ZHBA was a reasonable accommodation, is affirmed where: 1) plaintiff's failure to appeal the ZHBA's determination to state court rendered the decision final; 2) given the unique procedural history of this case, the ZHBA's final judgment has the same preclusive effect that it would have had in state court; and thus 3) the final decision is not reviewable in this suit.

Appellate Information

  • Decided
  • Published 2016/08/30

Judges

  • McKEE

Court

  • United States Third Circuit

Counsel

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