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SELLITTO v. BOROUGH OF SPRING LAKE HEIGHTS

284 N.J. Super. 277 (1995)

664 A.2d 1284

ANTHONY M. SELLITTO, JR., PLAINTIFF-APPELLANT, v. BOROUGH OF SPRING LAKE HEIGHTS, THE MAYOR AND COUNCIL OF THE BOROUGH OF SPRING LAKE HEIGHTS, ALBERT P. RATZ, JR., CONSTRUCTION OFFICIAL OF THE BOROUGH OF SPRING LAKE HEIGHTS, SMSA LIMITED PARTNERSHIP, A NEW YORK LIMITED PARTNERSHIP, AND BELL ATLANTIC MOBILE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1995.

Attorney(s) appearing for the Case

Anthony M. Sellitto, Jr., pro se, argued the cause for appellant (Aballo & Sellitto, attorneys; Mr. Sellitto, on the brief).

Robert R. Blasi argued the cause for respondents Borough, Mayor and Council, and Construction Official of Borough of Spring Lake Heights (Mr. Blasi, on the letter brief).

Richard D. Stanzione argued the cause for respondents SMSA and Bell Atlantic Mobile (Hiering, Dupignac & Stanzione, attorneys; Mr. Stanzione, of counsel; Mr. Stanzione and Sean E. Regan, on the brief).

Pringle & Quinn, attorneys for the Planning Board of Spring Lake Heights (Joseph P. Quinn, on the letter brief).

Before Judges VILLANUEVA and BRAITHWAITE.

The Opinion of the Court was delivered by VILLANUEVA, J.A.D.

Plaintiff appeals, pursuant to leave granted, from the denial of his request for injunctive relief to restrain defendant, Borough of Spring Lake Heights (borough), from leasing certain of its municipal property to defendants SMSA Limited Partnership and Bell Atlantic Mobile for their use as a cellular telephone communications facility. The property in question was already being used by the borough as a water...

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