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NEXTEL OF N.Y., INC. v. BD. OF ADJUSTMENT

824 A.2d 198 (2003)

361 N.J. Super. 22

NEXTEL OF NEW YORK, INC. d/b/a Nextel Communications, Plaintiff-Appellant, v. BOROUGH OF ENGLEWOOD CLIFFS BOARD OF ADJUSTMENT, Defendant-Respondent, and Mayor and Council of the Borough of Englewood Cliffs, and The Borough of Englewood Cliffs, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 2003.

Attorney(s) appearing for the Case

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

Joseph R. Mariniello, Fort Lee, argued the cause for respondents (Mariniello & Mariniello, attorneys; Mr. Mariniello, on the brief).

Before Judges PETRELLA, LINTNER and PARKER.

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

Plaintiff, Nextel of New York, Inc. d/b/a Nextel Communications, appeals from a Final Order of the Law Division finding that the Board of Adjustment of the Borough of Englewood Cliffs' (the Board) denial of plaintiff's application to place telecommunications antennas on two buildings in Englewood Cliffs did not violate the Telecommunications Act of 1996(TCA), 47

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