White v. Township of Upper St. Clair

Where residents challenged construction of communications tower in a public park, orders resulting in dismissal of complaint reversed in part and affirmed in part; residents had standing to pursue complaint.

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Argued: February 11, 2002

OPINION

Thomas S. White, Mark G. Trombetta, M.D., Robert E. Faust, Leonard C. Highley, and H. Scott Hawkins are residents (Residents) of Upper St. Clair Township (Township). Residents brought suit in the Court of Common Pleas of Allegheny County (Trial Court) to challenge the construction of a 350-foot high communications tower in Boyce Park, a public park located in the Township. Boyce Park was conveyed to the Township by the County of Allegheny (County) under a deed that limited the use of the property to recreation, conservation and historic purposes, and the Residents asserted that a communications tower was inconsistent with these deed restrictions. The Trial Court dismissed the complaint by a series of orders sustaining preliminary objections and granting summary judgment; these orders have been appealed to this Court.*fn1 We reverse in part and affirm in part.

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White v. Township of Upper St. Clair

Where residents challenged construction of communications tower in a public park, orders resulting in dismissal of complaint reversed in part and affirmed in part; residents had standing to pursue complaint.

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