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NEW BRUNSWICK CELL. TEL. CO. v. ZON. BD. OF ADJUSTMENT

307 N.J. Super. 436 (1997)

NEW BRUNSWICK CELLULAR TELEPHONE COMPANY D/B/A COMCAST CELLULAR COMMUNICATIONS, INC., PLAINTIFF-RESPONDENT. v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF METUCHEN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Lomurro, Davison, Eastman & Munoz, attorneys for appellant (Robert F. Munoz, of counsel; Jignasa Desai, on the brief).

Warren O. Stilwell, attorney for respondent (Michael C. Learn, on the brief).

Before Judges PRESSLER, WALLACE and CARCHMAN.

PER CURIAM.

This is an action in lieu of prerogative writs. Defendant Zoning Board of Adjustment of the Borough of Metuchen appeals from a judgment entered by the Superior Court, Law Division, reversing its denial of the application of plaintiff New Brunswick Cellular Telephone Company for a variance from the height requirements of the Borough's zoning ordinance.

Plaintiff's development plan for the construction of a cellular communications facility includes...

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