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NEW YORK SMSA LIMITED PARTNERSHIP v. BOARD OF ADJUSTMENT OF THE TOWNSHIP

734 A.2d 826 (1999)

324 N.J. Super. 166

NEW YORK SMSA LIMITED PARTNERSHIP, Plaintiff-Respondent, v. BOARD OF ADJUSTMENT OF the TOWNSHIP OF MIDDLETOWN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 3, 1999.

Attorney(s) appearing for the Case

Bernard M. Reilly, Red Bank, for defendant-appellant (Dowd & Reilly, attorneys; Mr. Reilly, on the brief).

Richard D. Stanzione, Toms River, for plaintiff-respondent (Hiering, Dupignac & Stanzione, attorneys; Mr. Stanzione, on the brief).

Before Judges SKILLMAN, PAUL G. LEVY and LESEMANN.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

Defendant appeals from a judgment setting aside its denial of a variance for the construction of a cellular transmission tower or monopole in a residential zone. This case differs from the tower cases that have previously come before the court in that this municipality adopted a comprehensive ordinance specifically directed at communications towers. The Zoning Board of Adjustment denied the variance, largely...

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