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Global Tower Leased a Portion of the 30-Acre Tract of Lloyd

Question 100

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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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