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NEW YORK v. TOWNSHIP COUNCIL

889 A.2d 1129 (2006)

382 N.J. Super. 541

NEW YORK SMSA LIMITED PARTNERSHIP d/b/a Verizon Wireless, Plaintiff-Respondent, v. TOWNSHIP COUNCIL OF the TOWNSHIP OF EDISON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 2006.

Attorney(s) appearing for the Case

Louis N. Rainone, Teaneck, argued the cause for appellant (DeCotiis, Fitzpatrick, Cole & Wisler, attorneys; Mr. Rainone and Edward J. Boccher, of counsel and on the brief).

Lynne A. Dunn argued the cause for respondent (Hiering, Dupignac, Stanzione & Dunn, attorneys; Ms. Dunn, on the brief).

Hill Wallack, attorneys for amicus curiae New Jersey Builders Association (Stephen Eisdorfer, on the brief).

Before Judges FALL, PARKER and GRALL.

The opinion of the court was delivered by

GRALL, J.A.D.

The Township Council of the Township of Edison (Edison) appeals from a final order invalidating amendments to its zoning ordinance that require certain applicants for development to give notice of the hearing on their applications that exceeds the notice specified in N.J.S.A. 40:55D-12. Because we conclude that the authority to enhance the scope and method of notice specified in N.J.S.A.

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