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

Summary

The Supreme Court of New Jersey held that the Borough of South Plainfield Board of Adjustment arbitrarily, capriciously and unreasonably denied Comcast's use and bulk variances for a cellular monopole, and reversed the Appellate Division, reinstating the Law Division's approval of the variances. The decision relied on the positive and negative criteria for use variances articulated in Smart SMR and concluded the site was appropriate and did not cause substantial detriment to the public good.