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SPRINT SPECTRUM, L.P. v. BOROUGH OF UPPER SADDLE RIVER ZONING BD.

801 A.2d 336 (2002)

352 N.J. Super. 575

SPRINT SPECTRUM, L.P., and New York SMSA Limited Partnership d/b/a Bell Atlantic Mobile, Plaintiffs-Appellants, and Omnipoint Communications, Inc., Plaintiff, v. BOROUGH OF UPPER SADDLE RIVER ZONING BOARD OF ADJUSTMENT, the Mayor and Council of Upper Saddle River, and the Borough of Upper Saddle River, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 2002.

Attorney(s) appearing for the Case

Gregory J. Czura, Ringwood, argued the cause for appellant (Czura Stilwell, attorneys; Mr. Czura, on the brief).

David L. Rutherford, Ridgewood, argued the cause for respondent Borough of Upper Saddle River Zoning Board of Adjustment.

Robert T. Regan, Westwood, argued the cause for respondents the Mayor and Council of Upper Saddle River and the Borough of Upper Saddle River.

Before Judges KING, WECKER and WINKELSTEIN.

The opinion of the court was delivered by KING, P.J.A.D.

This appeal involves the proposed construction of a wireless communications tower or "monopole" on property owned by a volunteer fire department in a residential section of the Borough of Upper Saddle River (Borough). An application for use variances submitted by three wireless communications providers who wish to collocate on the monopole was denied by the Upper Saddle...

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