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HILLS OF TROY NEIGHBORHOOD ASSOC. v. PARSIPPANY

921 A.2d 1169 (2005)

392 N.J. Super. 593

HILLS OF TROY NEIGHBORHOOD ASSOCIATION, INC., Plaintiff v. TOWNSHIP OF PARSIPPANY-TROY HILLS, Omnipoint Communications, Inc. and Sprint Spectrum, L.P., Defendants.

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

October 28, 2005.

Attorney(s) appearing for the Case

Ira E. Weiner, for plaintiff (Azrak & Associates, Attorneys).

Paul F. Campano, Morristown, for defendant Township of Parsippany-Troy Hills (Dillon, Bitar & Luther, attorneys).

Joseph A. O'Neill, for defendants Omnipoint Communications, Inc. and Sprint Spectrum, L.P. (Garafalo Zierak O'Neill, attorneys).

BOZONELIS, J.

Plaintiff Hills of Troy Neighborhood Association, Inc. seeks to enjoin the construction of a municipal communications and telecommunications tower to be shared by the Township of Parsippany Troy Hills with Sprint Spectrum, L.P., and Omnipoint Communications, Inc. The matter presents issues on the extent to which a municipality is exempt from its own zoning approval ordinances, the reasonable exercise of such...

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