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ALSAR TECHNOLOGY v. ZON. BD. OF ADJ.

235 N.J. Super. 471 (1989)

563 A.2d 83

ALSAR TECHNOLOGY, INC. AND DAVID AGENS AND MILDRED AGENS, PLAINTIFFS, v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWN OF NUTLEY, THE MAYOR AND TOWN COUNCIL OF THE TOWN OF NUTLEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

As Amended June 2, 1989.

Attorney(s) appearing for the Case

Brian D. Schwartz for plaintiffs (Craner, Nelson, Satkin & Scheer, attorneys).

Michael J. Viola for defendant, The Zoning Board of Adjustment of the Town of Nutley.

John P. Ryder for defendants, The Mayor and Town Council of the Town of Nutley.

VILLANUEVA, J.S.C.

The installer of a satellite television dish and homeowners bring this action challenging a local zoning ordinance which limits the size and location of satellite dish antennas which could be installed. They also challenge the denial of a variance to permit such use.

The issues are: (1) whether the ordinance is preempted by federal law; and (2) whether plaintiffs are entitled to the award...

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