New Brunswick Cellular Telephone Company, D/B/A Comcast Cellular One, Plaintiff-Appellant v. Borough of South…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the Law Division’s order granting both a use variance and a bulk variance for Comcast’s 90‑foot monopole, holding that the Board of Adjustment failed to satisfy the arbitrary, capricious, and unreasonable standard and that Comcast met both the positive and negative criteria under N.J.S.A. 40:55D‑70(d). The Court relied on the criteria articulated in Smart and emphasized the site’s suitability and lack of substantial detriment to the public good. Justice O'Hern dissented, arguing that the matter should be remanded to the Board for further consideration.