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ALPINE TOWER v. MAYOR & COUNCIL

231 N.J. Super. 239 (1989)

555 A.2d 657

ALPINE TOWER COMPANY, A JOINT VENTURE OF TELE-A-PAGE, INC. AND U.A. COLUMBIA TOWER COMPANY, PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF ALPINE, A MUNICIPAL CORPORATION; ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF ALPINE; ROBERT WILSON, CONSTRUCTION CODE OFFICIAL OF THE BOROUGH OF ALPINE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Hannoch Weisman, attorneys for appellant (Todd M. Sahner and James J. Scott, on the brief).

DeCotiis & Pinto, attorneys for respondent Zoning Board of Adjustment of the Borough of Alpine (John J. Langan, Jr., on the brief).

Logan and Logan, attorneys for respondents Mayor and Council of the Borough of Alpine and Robert Wilson, Construction Code Official of the Borough of Alpine (James P. Logan, on the brief).

Before Judges KING, BRODY and SKILLMAN.

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

Plaintiff Alpine Tower Company is the owner of a regional communications facility constructed on a 15 acre site in the Borough of Alpine. The site is located 550 feet above sea level on top of the Palisades near New York City. Thus, it is especially suitable for communications purposes.

In the late 1930's, Major Edwin Howard Armstrong, a pioneer of FM radio, built a 400-foot transmission tower on the...

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