In the Matter of Cellular Telephone Company, Doing Business as Cellular One, Respondent v. Armand Rosenberg…

Summary

The New York Court of Appeals affirmed the Appellate Division’s order granting a use variance to Cellular One, holding that a cellular telephone company qualifies as a public utility and therefore the public utility variance exception under Matter of Consolidated Edison applies. The court found the zoning board’s denial arbitrary and capricious because the record showed negligible impact and a clear public necessity.