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OCEAN COUNTY CELLULAR TELE. CO. v. TP. OF LAKEWOOD BD. OF ADJUSTMENT

800 A.2d 891 (2002)

352 N.J. Super. 514

OCEAN COUNTY CELLULAR TELEPHONE COMPANY d/b/a Comcast Cellular One, Plaintiff-Appellant, v. TOWNSHIP OF LAKEWOOD BOARD OF ADJUSTMENT, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 2002.

Attorney(s) appearing for the Case

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

John F. Russo, Jr., Toms River, argued the cause for respondent (Mr. Russo, on the brief).

Before Judges HAVEY, BRAITHWAITE and WEISSBARD.

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

Once again we are called upon to decide whether a zoning board's denial of a special reasons variance application made by a telecommunications provider is sustainable under New Jersey's land use principles. Plaintiff Ocean County Cellular Telephone Company, d/b/a Comcast Cellular One (Comcast), seeks to erect twelve antennae on an existing multi-story building in Lakewood...

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