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NEW BRUNSWICK CELLULAR v. BD. OF ADJ.

733 A.2d 442 (1999)

160 N.J. 1

NEW BRUNSWICK CELLULAR TELEPHONE COMPANY, d/b/a Comcast Cellular One, Plaintiff-Appellant, v. BOROUGH OF SOUTH PLAINFIELD BOARD OF ADJUSTMENT, Defendant-Respondent, and Ted Dabrowski, Kaz Dabrowski, Karl Kolar, Sally Kolar, Vincent J. Dotoli and Louisa Dotoli, Intervenors-Respondents.

Supreme Court of New Jersey.

Decided June 30, 1999.

Attorney(s) appearing for the Case

Gregory J. Czura, Ringwood, for plaintiff-appellant.

James F. Clarkin, III, N. Brunswick, for defendant-respondent (Borrus, Goldin, Foley, Vignuolo, Hyman, Stahl & Clarkin, attorneys; Mr. Clarkin and Rosalind Westlake, on the brief).

David J. Frizell, Metuchen, for intervenors-respondents (Vincent J. Dotoli, S. Plainfield, attorney; Mr. Dotoli, on the briefs).

Richard D. Stanzione, Toms River, submitted a brief on behalf of amicus curiae, Bell Atlantic Mobile, Inc. (Hiering, Dupignac & Stanzione, Toms River, attorneys; Mr. Stanzione and Eli L. Eytan, on the brief).

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

The issue in this appeal is whether respondent, Borough of South Plainfield Board of Adjustment (the Board) arbitrarily, capriciously and unreasonably denied the request of appellant, New Brunswick Cellular Telephone Co., d/b/a Comcast Cellular Communications (Comcast), for use and bulk variances to construct a monopole for cellular communications. More specifically, the...

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