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NEW YORK SMSA v. BD. OF ADJ.

851 A.2d 110 (2004)

370 N.J. Super. 319

NEW YORK SMSA, Limited Partnership d/b/a/ Verizon Wireless, Plaintiff-Respondent, v. BOARD OF ADJUSTMENT OF TOWNSHIP OF WEEHAWKEN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 2004.

Attorney(s) appearing for the Case

James J. Burke, Hoboken, and Daniel E. Horgan, Secaucus, argued the cause for appellants (Waters, McPherson, McNeill and James J. Burke & Associates, attorneys; Mr. Burke and Mr. Horgan, of counsel; Joseph W. Grather, on the brief).

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

Before Judges KING, LINTNER and LISA.

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

Defendant, Zoning Board of Adjustment of the Township of Weehawken (Board), appeals from the reversal of its denial of a use variance for the construction of a wireless communications facility. Plaintiff, New York SMSA Limited Partnership (Verizon), proposed to install antennas on the roof of a residential apartment building and place telecommunications equipment in...

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