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CELLULAR TELEPHONE v. ZONING BD. OF ADJUSTMENT

No. 98-6484.

197 F.3d 64 (1999)

CELLULAR TELEPHONE COMPANY, d/b/a AT&T Wireless Services, f/k/a Cellular One; New York SMSA Limited Partnership and Its General Partner Cellco Partnership, d/b/a Bell Atlantic Nynex Mobile; Smart SMR of New York, Inc., d/b/a Nextel Communications v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF HO-HO-KUS New York SMSA Limited Partnership and its General Partner Cellco Partnership, d/b/a Bell Atlantic Nynex Mobile, Appellant

United States Court of Appeals, Third Circuit.

Filed November 19, 1999.

Attorney(s) appearing for the Case

Thomas F. Campion, Kenneth J. Wilbur, Drinker, Biddle & Shanley, Florham Park, NJ, Alison B. Brotman (argued), Bell Atlantic NYNEX Mobile, Bedminster, NJ, for Appellant.

David L. Rutherford (argued), Ridgewood, NJ, for Appellee.

BEFORE: NYGAARD, STAPLETON, and COWEN, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

This appeal originates from a decision by the Zoning Board of Adjustment of the Borough of Ho-Ho-Kus, New Jersey denying an application by three cellular communication providers for variances necessary to build a wireless communications facility within the Borough. The providers claim that the Borough's decision violates section 704 of the Telecommunications Act of 1996 because: 1) the Zoning Board unlawfully...

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