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SPRINT SPECTRUM, L.P. v. ZON. BD.

823 A.2d 87 (2003)

360 N.J. Super. 373

SPRINT SPECTRUM, L.P., Plaintiff Respondent/Cross Appellant, v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF LEONIA, Defendant Appellant/Cross Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 2003.

Attorney(s) appearing for the Case

William F. Rupp, Hackensack, argued the cause for appellant.

Gregory D. Meese, Woodcliff Lake, argued the cause for respondent/cross-appellant (Price, Meese, Shulman & D'Arminio, attorneys; Mr. Meese and Jeffrey L. Love, on the brief).

Before Judges SKILLMAN, LEFELT and WINKELSTEIN.

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

In this opinion we examine the reasonableness of a zoning board's denial of a telecommunications carrier's use variance request. Plaintiff Sprint Spectrum, L.P., applied to the Borough of Leonia Board of Adjustment (Board) for a variance to affix nine small antennas to the roof of an existing five-story apartment building located in a residential zone. The Board found that the introduction of the telecommunications...

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