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Township v. Reading Broadcasting, Inc.

Lower court's order enjoining defendant broadcaster from building a 668-foot tower until it obtained a permit from plaintiff affirmed because substantial evidence supported its findings that defendant was not a common carrier and, therefore, not exempt from zoning regulations; also, an opinion letter written by plaintiff's solicitor regarding another property and containing inaccuracies did not estop plaintiff from seeking injunction.

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Argued: December 7, 2000

Reading Broadcasting, Inc. (RBI) appeals from an order of the Court of Common Pleas of Berks County permanently enjoining RBI from constructing a 668-foot tower to be used for (1) television broadcasting and (2) paging and radiotelephone services unless and until RBI obtains a proper permit for the construction from Earl Township (Township).

After a bench trial held in this action in equity filed by the Township against RBI, the trial court made the following relevant factual findings. RBI, a private corporation, owns and operates a television broadcasting station WTVE in Reading, Berks County since 1976 under a television broadcast license issued by the Federal Communications Commission (FCC). RBI currently broadcasts television signals in the UHF band from a television tower located on Mt. Penn in Lower Alsace Township, Berks County.

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