NEW BRUNSWICK TEL. v. BOROUGH OF S. PLAINFIELD


714 A.2d 315 (1998)

314 N.J. Super. 102

NEW BRUNSWICK CELLULAR TELEPHONE COMPANY, d/b/a Comcast Cellular One, Plaintiff-Respondent, v. BOROUGH OF SOUTH PLAINFIELD BOARD OF ADJUSTMENT, Defendant-Appellant, and Ted Dabrowski, Kaz Dabrowski, Karl Kolar, Sally Kolar, Vincent J. Dotoli and Louisa Dotoli, Intervenors-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1997.

Remanded April 24, 1998.

Resubmitted June 8, 1998.

Decided June 25, 1998.


Attorney(s) appearing for the Case

Borrus, Goldin, Foley, Vignuolo, Hyman, Stahl & Clarkin, P.C., North Brunswick, for defendant-appellant, Borough of South Plainfield Board of Adjustment (James F. Clarkin, III, and Rosalind Westlake, on the brief).

Gregory J. Czura, Ringwood, for plaintiff-respondent, New Brunswick Cellular Telephone Company d/b/a Comcast Cellular One.

Vincent J. Dotoli, South Plainfield, for intervenors-appellants, Ted Dabrowski, Kaz Dabrowski, Karl Kolar, Sally Kolar, Vincent J. Dotoli and Louisa Dotoli.

Hiering, Dupignac & Stanzione, P.C., for Amicus Curiae Bell Atlantic Mobile, Inc. (Richard D. Stanzione, Toms River and Eli L. Eytan, Brick, on the brief).

Before Judges SHEBELL, D'ANNUNZIO and A.A. RODRIGUEZ.


Remanded by Supreme Court April 24, 1998.

SHEBELL, P.J.A.D.

Our decision in the within matter, New Brunswick Telephone v. South Plainfield, 305 N.J.Super. 151, 701 A.2d 1281 (App.Div. 1997), having contained a dissent by Judge D'Annunzio, was appealed as-of-right to the Supreme Court. Upon motion for summary reversal, the Court, by order dated April 12, 1998, denied the motion but "summarily remanded to the...

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