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NEW BRUNSWICK v. OLD BRIDGE

270 N.J. Super. 122 (1993)

636 A.2d 588

NEW BRUNSWICK CELLULAR TELEPHONE CO., A PARTNERSHIP OF THE STATE OF DELAWARE T/A CELLULAR-ONE, PLAINTIFF, v. OLD BRIDGE TOWNSHIP PLANNING BOARD AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF OLD BRIDGE AND THE TOWNSHIP OF OLD BRIDGE, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Middlesex County.

Decided September 30, 1993.

Attorney(s) appearing for the Case

Gregory J. Czura for plaintiff.

Thomas P. Norman, for defendant Old Bridge Township Planning Board (Norman and Kingsbury, attorneys).

James P. Hurley, for defendants Township of Old Bridge and Township Council (Himelman, Hurley & Himelman, attorneys).

WOLFSON, J.S.C.

I. FACTUAL BACKGROUND

New Brunswick Cellular Telephone Company (Cellular One), appeals from a decision of the Old Bridge Township Planning Board denying its application for a height variance and site plan approval to develop and operate a base station and a 160-foot antenna tower (a permitted use) on a 3.74 acre parcel located in the OG-1 zoning district.1 The maximum height permitted is thirty...

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