Legal Opinion
New Brunswick Cellular Telephone Co. v. Borough of South Plainfield Board
New Jersey Superior Court Appellate Division
Decided June 25, 1998PublishedCited by 4 opinions
1Opinion of the Court
SHEBELL, P.J.A.D.
Our decision in the within matter, New Brunswick Telephone v. South Plainfield, 305 N.J.Super. 151, 701 A.2d 1281 (App.Div.1997), having contained a dissent by Judge D’Annunzio, was appealed as-of-right to the Supreme Court. Upon motion for summary reversal, the Court, by order dated April 12, 1998, denied the motion but “summarily remanded to the Appellate Division for reconsideration in the light of Smart SMR v. Fairlawn [Fair Lawn], 152 N.J. 309, 704 A.2d 1271 (1908 [1998]).”
*104Upon reconsideration, we have carefully reviewed the arguments set forth in the parties’ remand…
2Cases cited3 opinions
- 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
3Cited by4 opinions
- New Brunswick Cellular Telephone Co. v. Borough of South Plainfield Board of AdjustmentSupreme Court of New Jersey · 1999
- Cellular Telephone Co. v. Zoning Board of Adjustment of the Borough of Harrington ParkDistrict Court, D. New Jersey · 2000
- Northeast Towers, Inc. v. ZONING BD. OF ADJUST.New Jersey Superior Court Appellate Division · 2000
- New Brunswick Cellular Telephone Co. v. Borough of South Plainfield Board of AdjustmentSupreme Court of New Jersey · 1999