NEW YORK SMSA LTD. v. TP. OF MENDHAM


840 A.2d 901 (2004)

366 N.J. Super. 141

NEW YORK SMSA LTD d/b/a Bell Atlantic Mobile (now Verizon Wireless); Smart SMR of New York, Inc. d/b/a Nextel Communications, (now Nextel Communications, Inc.); Sprint Spectrum L.P.; and Omnipoint Communications, Inc. (now a wholly owned subsidiary of Voicestream Wireless), Plaintiffs-Appellants, v. TOWNSHIP OF MENDHAM ZONING BOARD OF ADJUSTMENT, Defendant-Respondent, and Mayor and Council of the Township of Mendham and the Township of Mendham, Defendants, and Francis Wood and David Hinckley, Defendants/Intervenors-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 2004.


Attorney(s) appearing for the Case

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

John M. Mills, III, Morristown, argued the cause for respondent Township of Mendham Zoning Board of Adjustment (Mills & Mills, attorneys; Mr. Mills, on the brief).

Barry H. Evenchick, Newark, argued the cause for respondents Francis Wood and David Hinckley (Walder, Hayden & Brogan, attorneys; Mr. Evenchick and Matthew D. Mandel, of counsel and on the brief).

Before Judges PRESSLER, CIANCIA and PARKER.


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

Plaintiffs, members of a partnership of wireless communications service providers,1 appeal from a Law Division judgment affirming the denial of their application for zoning variances to construct a 148-foot wireless communications tower on residential property in Mendham Township (Township). The variance application, which was filed jointly...

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