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


898 A.2d 1054 (2005)

386 N.J. Super. 62

SPRINT SPECTRUM L.P., Plaintiff, v. BOROUGH OF RINGWOOD ZONING BOARD OF ADJUSTMENT and Borough of Ringwood, Defendants.

Superior Court of New Jersey, Law Division, Passaic County.

Decided November 22, 2005.


Attorney(s) appearing for the Case

Stephen J. Marshall, Monmouth Junction, for plaintiff (Alan Zublatt, attorney).

H. Shepard Peck, Jr., Fairlawn, for defendant Borough of Ringwood Zoning Bd. of Adjustment (Muscarella Bochet Peck & Edwards, P.C., attorneys).

David J. Ruitenberg, Florham Park, for defendant Borough of Ringwood (Maraziti Falcon & Heal, attorneys).


HUMPHREYS, J.A.D. (retired and temporarily assigned on recall).

Plaintiff, a telecommunication services company, leased property in Ringwood in order to erect a telecommunication tower. The property is in a commercial area in which such facilities are permitted as a conditional use.

The Ringwood Board of Adjustment denied plaintiff's application for site plan and conditional use approval. The Board relied on certain conditions set forth in Ringwood's zoning...

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