Legal Opinion
New Brunswick Cellular Telephone Co. v. Borough of South Plainfield Board of Adjustment
Supreme Court of New Jersey
Decided June 30, 1999PublishedCited by 40 opinions
1Opinion of the Court
The opinion of the Court was delivered by
POLLOCK, J.
The issue in this appeal is whether respondent, Borough of South Plainfield Board of Adjustment (the Board) arbitrarily, capriciously and unreasonably denied the request of appellant, New Brunswick Cellular Telephone Co., d/b/a Comcast Cellular Communications (Comcast), for use and bulk variances to construct a monopole for cellular communications. More specifically, the issue is whether the Board erroneously concluded that Com-cast had not satisfied the “positive” and “negative” criteria entitling it to a use variance under N.J.S.A.…
2Cases cited5 opinions
- Medici v. BPR Co.Supreme Court of New Jersey · 1987
- Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of AdjustmentSupreme Court of New Jersey · 1998
- Sica v. Board of Adjustment of Tp. of WallSupreme Court of New Jersey · 1992
- New Brunswick Cellular Telephone Co. v. Borough of South Plainfield Board of AdjustmentNew Jersey Superior Court Appellate Division · 1997
- New Brunswick Cellular Telephone Co. v. Borough of South Plainfield BoardNew Jersey Superior Court Appellate Division · 1998
3Cited by40 opinions
- Price v. Himeji, LLCSupreme Court of New Jersey · 2013
- Cell South of NJ, Inc. v. ZONING BD. OF ADJUSTMENT OF WEST WINDSOR TWP.Supreme Court of New Jersey · 2002
- New York SMSA v. Bd. of Adj.New Jersey Superior Court Appellate Division · 2004
- Saddle Brook Realty, LLC v. Township of Saddle Brook Zoning Board of AdjustmentNew Jersey Superior Court Appellate Division · 2006
- NY SMSA v. Bd. of Adj. of BernardsNew Jersey Superior Court Appellate Division · 1999
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