Subject: [NEXTEL-1] Nextel's Attorney Gregory Czura Calls Nextel's Ad "Sales Hype"

From: [email-masked]
Date: Thu, 05 Jun 2003 21:11:39 -0400

Nextel's Attorney Gregory Czura Calls Nextel's Ad "Sales Hype"
Court rules for Cliffs in cell antenna case ; Appellate judges saw no
proof of need
Source: "Record, The; Bergen County, N.J."
Publication date: 2003-06-04

ENGLEWOOD CLIFFS -- Good publicity was bad business for Nextel.

On Tuesday, an appeals court upheld the borough's rejection of Nextel's
bid for new telecommunications antennas here - and cited a company
advertisement as a reason why.

Nextel ads touted the complete phone service it offered to the entire east
Bergen area. Yet the wireless giant argued before the zoning board in
2001 that it needed additional antennas atop two Sylvan Avenue buildings
to make it even better. The proposal called for antennas to rise 51 feet
above the ground on one building and 31 feet on another, according to
court papers.

The federal Telecommunications Act of 1996 leaves municipalities with
little power to shoo away unsightly antennas. And several New Jersey
trials have set a pro-cellphone precedent, said Joseph Mariniello, who
represented the borough.

But he said the judges from the Appellate Division of state Superior Court
were not convinced that the new hardware was necessary.

"Usually the courts go overboard in approving improvements to cellular
systems," he said. "The state Supreme Court has ruled that a cellular
system is a good, a public service."

Nextel attorney Gregory Czura, in arguments to the zoning board,
dismissed the advertisement as sales hype, according to a transcript
published in the court's opinion.

"You're going to get that from all the carriers when selling a service," he
said. "They're going to tell you how great it is."

But in 2002, state Superior Court Judge Jonathan N. Harris, who sits in
Hackensack, upheld the borough's rejection of the application. And on
Tuesday, Judge Jack Lintner of the Appellate Division wrote that the ad
raised legitimate doubts for the borough's zoning board.

Czura could not be reached for comment Tuesday evening. It is unclear
whether the company will continue its push.

* * *

Andrew Glazer's e-mail address is [email-masked]

http://cnniw.yellowbrix.com/pages/cnnmoney/Story.nsp?story_id=39265907&ID=cnnmoney&scategory=Business+and+Finance&

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From: [email-masked]
Date: Thu, 05 Jun 2003 21:30:34 -0400

Nextel's attorney Gregory Czura just gave hundreds of other lawyers ammunition
they need to win the numerous "Coverage" related lawsuits pending against nextel.
When Gregory Czura admitted that Nextel ads were "Hype" he just opened the door to
disaster. 

Hey Timmy "Can You Hear me Now?"