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...

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