Cell South of New Jersey, Inc., D/B/A Comcast Communications, Inc., Plaintiff-Appellant v. Zoning Board of…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the Law Division’s judgment granting Cell South of New Jersey, Inc. a conditional use variance to replace an 83‑foot tower with a 152‑foot tower, holding that the zoning board’s denial was arbitrary, capricious, and unsupported by substantial evidence. The Court also reaffirmed that mobile communication facilities are not inherently beneficial structures.