In this action in lieu of prerogative writs matter, the court holds that the Time of Application (TOA) Rule applies to a Resolution of Approval granted by the City of Hoboken Planning Board to defendant Blue Violets LLC. Because Blue Violets LLC, an adult micro cannabis retail business, submitted its application to Hoboken's Cannabis Review Board before a newly entered ordinance restricting any cannabis retailer from being located within 600 feet of a primary or secondary school became effective, the court concludes the TOA Rule applies. Consequently, the court reverses the trial court order, which vacated the Resolution of Approval and reinstates it.
The court affirmed the trial court's order finding plaintiff Hoboken for Responsible Cannabis, Inc, has standing as an interested party under the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163.