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CELL SOUTH OF NJ, INC. v. ZONING BD. OF ADJUSTMENT OF WEST WINDSOR TWP.

796 A.2d 247 (2002)

172 N.J. 75

CELL SOUTH OF NEW JERSEY, INC., d/b/a Comcast Communications, Inc., Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT OF WEST WINDSOR TOWNSHIP, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 14, 2002.

Attorney(s) appearing for the Case

Gregory J. Czura, Ringwood, argued the cause for appellant (Czura Stilwell, attorneys).

Trishka Waterbury argued the cause for respondent (Mason, Griffin & Pierson, attorneys).

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...

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