Sparroween, LLC v. Township of West Caldwell, ___ N.J. Super. ___ (App. Div. 2017).  Plaintiffs operated the Cigar Emporium in West Caldwell.  In that business, they sell tobacco products, but they also make tobacco products available to be smoked on the premises.  After plaintiffs had obtained development approvals from the municipal Planning Board, the Township’s Board of Health, acting under its power to preserve public health, adopted an ordinance that go

Kadonsky v. Lee, ___ N.J. Super. ___ (App. Div. 2017).  In this appeal, plaintiff petitioned the New Jersey Division of Consumer Affairs (“the Division”) to have marijuana rescheduled from a Schedule I Controlled Dangerous Substance to a Schedule IV or V substance.  The Controlled Dangerous Substances Act, N.J.S.A. 24:21-1 to -56, which gives the Director of the Division power to add, delete, or reschedule controlled substances.  Plaintiff noted that when the Legislature passed th

Pollack v. Quick Quality Restaurants, Inc., ___ N.J. Super. ___ (App. Div. 2017).  The first paragraph of Judge Gibbons Whipple’s opinion for the Appellate Division well encapsulated what this appeal was about.  “In this appeal, as an issue of first impression, we are asked to consider whether a tenant exercising a right of first refusal to adopt terms of a sale contract for certain premises is obligated to pay a commission to a third-party broker that sec