In this action in lieu of prerogative writs appeal, the court addressed whether a municipal governing body was required to provide a discernible reason for denying an applicant's request for a resolution of local support (ROS), N.J.A.C. 17:30-7.10(b)(9), that was necessary to secure a Cannabis Retailer License (CRL) from the State of New Jersey Cannabis Regulatory Commission (CRC) under the Cannabis Regulatory Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), N.J.S.A. 24:6I-31 to -56.
Defendant the City of Burlington Common Council (City Council) appealed from the trial judge's order denying its motion to dismiss plaintiff Higher Breed NJ LLC's (Higher Breed) complaint for failure to state a claim upon which relief can be granted and the order granting Higher Breed's motion for summary judgment and requiring the City Council to issue the ROS.
The court held that the municipal governing body must provide a discernible basis for denying the ROS application to inform the interested parties and the public of its reasons, as well as afford meaningful appellate review. In the present case, the court affirmed the trial judge's order in part because the City Council's resolution failed to provide a material basis for denying Higher Breed's ROS application. However, the court reversed the trial judge's order in part and remanded the matter to the City Council, providing an opportunity to adopt a resolution that includes a sufficient basis for its decision.