1. Home
  2. Browse Decisions
  3. N.J.
  4. 152 N.J.
  5. 152 N.J. 309 (1998)
 

SMART SMR OF N.Y., INC. v. FAIR LAWN BD. OF ADJ.

152 N.J. 309 (1998)

704 A.2d 1271

SMART SMR OF NEW YORK, INC. D/B/A NEXTEL COMMUNICATIONS, PLAINTIFF-RESPONDENT, v. BOROUGH OF FAIR LAWN BOARD OF ADJUSTMENT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 26, 1998.

Attorney(s) appearing for the Case

Harold Hoffman, argued the cause for appellant.

Gregory J. Czura, argued the cause for respondent.

Richard D. Stanzione, submitted a brief on behalf of amici curiae Bell Atlantic NYNEX Mobile, Inc., Sprint Spectrum, L.P. and Omnipoint Communications, Inc. (Hiering, Dupignac & Stanzione, attorneys; Mr. Stanzione and Alison B. Brotman, on the brief).

Robert C. Garofalo, submitted a brief on behalf of amicus curiae Cellular Telephone Company d/b/a AT & T Wireless Services (Garofalo & Pryor, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

At issue is whether respondent, Smart SMR of New York, Inc., d/b/a Nextel Communications (Smart), is entitled to a use variance under N.J.S.A. 40:55D-70(d) ("subsection d" or "use variance") to erect a 140-foot telecommunications "monopole" in an industrial zone in the Borough of Fair Lawn. The Fair Lawn Board of Adjustment (the Board) denied Smart's application for a use variance, and the Law Division affirmed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases