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Nov 14

The Smoke-Free Act Does Not Preempt A Municipal Ordinance Limiting Smoking in Retail Tobacco Establishments

Posted by Bruce D. Greenberg on Nov 14, 2017 in Appellate Division, Constitutional law, Judges, Municipal land use, Standards of review, Statutory interpretation | 0 comments
Sparroween, LLC v. Township of West Caldwell, 452 N.J. Super. 329 (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 governed smoking within retail businesses that sell tobacco.  The ordinance restricted on-premises smoking to no more than two...
Feb 14

The “Time of Application Rule” and the Definition of an “Application for Development” That Triggers That Rule

Posted by Bruce D. Greenberg on Feb 14, 2017 in Appellate Division, Judges, Municipal land use, Standards of review, Statutory interpretation | 0 comments
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Feb 9

Two Issues Under the Open Public Meetings Act

Posted by Bruce D. Greenberg on Feb 9, 2017 in Appellate Division, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation, Summary judgment | 0 comments
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About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

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