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Argued November 27, 2001

This appeal implicates both the increasing public need for wireless communication and the authority of municipalities to regulate the placement of wireless communication towers.

The defendant Zoning Board of Adjustment of the Township of West Windsor (Board or Zoning Board) denied the application of plaintiff Cell South of New Jersey, Inc. d/b/a Comcast Communications, Inc. (Comcast) for a conditional use variance to replace an existing 83-foot wireless communication tower with a 152-foot tower. The trial court concluded that the Board’s denial of Comcast’s use variance was arbitrary, capricious and unreasonable and granted Comcast the variance. The Appellate Division reversed, holding that Comcast was not entitled to the variance. Because the Zoning Board acted unreasonably in denying Comcast a conditional use variance, we reverse the Appellate Division and reinstate the judgment of the Law Division.

 
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