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Real Estate & Property Law

: Law of the Land

NJ Appeals Court Upholds Variance Denial for Wireless Facility Where Provider Failed to Demonstrate that the Proposed Facility Would Fill Gap in Service in Least Intrusive Manner Possible

By Patty Salkin

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Plaintiffs applied for variances and site plan approval to construct a wireless telecommunications facility (a 127 foot cellular service tower with a 40ft by 30ft fenced-in equipment shelter).  The use variance was denied because the board determined that the plaintiff was unable to prove that there was a gap in coverage, that it had investigated [...]

Full post as published by Law of the Land on June 23, 2010 (boomark / email).

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