Cell South of NJ, Inc. v. ZONING BD. OF ADJUSTMENT OF WEST WINDSOR TWP.

The opinion of the Court was delivered by

ZAZZALI, J.

This appeal implicates both the increasing public need for wireless communication and the authority of municipalities to regulate the placement of wireless communication towers.

The defendant Zoning Board of Adjustment of the Township of West Windsor (Board or Zoning Board) denied the application of plaintiff Cell South of New Jersey, Inc. d/b/a Comcast Communications, Inc. (Comcast) for a conditional use variance to replace an existing 83-foot wireless communication tower with a 152-foot tower. The trial court concluded that the Board’s…