Legal Opinion

Cellular Telephone Co. v. Zoning Board of Adjustment of Borough of Ho-Ho-Kus

District Court, D. New Jersey

Decided October 28, 1998No. Civ.A. 97-3408 MTBPublishedCited by 30 opinions

1Opinion of the Court

OPINION

BARRY, District Judge.

This matter comes before the court on the parties’ cross-motions for summary judgment as to Count I of the complaint filed by plaintiffs Cellular Telephone Company, d/b/a AT & T Wireless Services (“AT & T Wireless”), New York SMSA Limited Partnership and its general partner Célico Partnership, d/b/a Bell Atlantic Nynex Mobile (“BANM”), and SMART SMR of New York, Inc., d/b/a Nex-tel Communications (“Nextel”) (collectively as “plaintiffs”). In Count I, plaintiffs assert that the Zoning Board of Adjustment of the Borough of Ho-Ho-Kus (“Board” or “defendant”) violated…

2Cases cited33 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Richardson v. PeralesSupreme Court of the United States · 1971
  3. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  4. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  5. Pierce v. UnderwoodSupreme Court of the United States · 1988

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3Cited by30 opinions

  1. Cellular Telephone Company, Doing Business as at & T Wireless Services v. The Town of Oyster Bay and the Town Board of the Town of Oyster BayCourt of Appeals for the Second Circuit · 1999
  2. Apt Pittsburgh Limited Partnership v. Penn Township Butler County Of PennsylvaniaCourt of Appeals for the Third Circuit · 1999
  3. Preferred Sites, LLC v. Troup CountyCourt of Appeals for the Eleventh Circuit · 2002
  4. Cellular Telephone Company, D/B/A At&t Wireless Services, F/k/a Cellular One New York Smsa Limited Partnership and Its General Partner Cellco Partnership, D/B/A Bell Atlantic Nynex Mobile Smart Smr of New York, Inc., D/B/A Nextel Communications v. Zoning Board of Adjustment of the Borough of Ho-Ho-Kus New York Smsa Limited Partnership and Its General Partner Cellco Partnership, D/B/A Bell Atlantic Nynex MobileCourt of Appeals for the Third Circuit · 1999
  5. Primeco Personal Communications, L.P. v. Village of Fox LakeDistrict Court, N.D. Illinois · 1998

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