Fisher Wins Landmark Telecommunications Case
East Brunswick, NJ, August 18, 2016 – Mauro Savo is pleased to announce that firm partner Alexander G. Fisher prevailed in a landmark land use case concerning the construction of commercial cell towers in residential zones.
The matter, New York SMSA LTD Partnership d/b/a Verizon Wirless v. Zoning Board of Adjustment of the Township of East Brunswick (MID-L-4826-15), began as an application before the East Brunswick Zoning Board of Adjustment, to whom Mr. Fisher is counsel. The Board denied Verizon’s application for certain variances from the Township’s municipal land use ordinance to construct a cell tower in a residential area. Upon this denial, Verizon filed suit in the Middlesex Vicinage of the New Jersey Superior Court seeking a court order reversing the Board’s decision.
Mr. Fisher served as trial counsel for East Brunswick and aggressively contested the matter before Judge James P. Hurley, J.S.C. Finding that Verizon produced insufficient evidence to overturn the judgement of the Township’s Zoning Board, Judge Hurley opined that any benefit Verizon’s tower might provide was “insufficient when compared to the intrusion of a second, non-permitted principal use onto a lot that contains a non-conforming use in a residential area.” Pending an appeal, Judge Hurley’s ruling upholds the Zoning Board’s denial of Verizon’s request for variances and prevents the construction the proposed tower in the residential zone.
Our firm commends Mr. Fisher for his hard work on this matter. Thanks to his efforts in collaboration with the residents and professional of East Brunswick Township, the resolution of the Board of Adjustment was upheld and the municipality’s zoning ordinance affirmed by the court. Mauro Savo takes great pride in efficient and effective representation of all of our municipal and county clients and is proud to have delivered this result for the residents of East Brunswick.
Charles Z. Schalk, Esq.