- PAUL G. BRENNAN, ET AL. VS. BAY HEAD PLANNING BOARD, ET AL. (L-0340-21, OCEAN COUNTY AND STATEWIDE) A-3984-21 Appellate May 1, 2024
- 211 ROUTE 17 SOUTH, LLC. VS. BOROUGH OF HASBROUCK HEIGHTS PLANNING BOARD/LAND USE BOARD, ET AL. (L-0898-22, BERGEN COUNTY AND STATEWIDE) A-0432-22 Appellate May 1, 2024
- IN THE MATTER OF LANCE BENNETTE, DEPARTMENT OF TRANSPORTATION (NEW JERSEY CIVIL SERVICE COMMISSION) A-0894-22 Appellate May 1, 2024
- SINATRA PROPERTIES, LLC VS. BERDAN COURT, LLC, ET AL. (C-000059-20, MONMOUTH COUNTY AND STATEWIDE) A-1099-22 Appellate May 1, 2024
- BRUNO TEIXEIRA VS. ONOFRIO TRIARSI (L-2547-18, UNION COUNTY AND STATEWIDE) A-1128-22 Appellate May 1, 2024
- STATE OF NEW JERSEY VS. ZYMIRAH PRIESTER (21-02-0100, MERCER COUNTY AND STATEWIDE) A-1146-22 Appellate May 1, 2024
- STEPHEN FAIRHURST VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) A-1461-22 Appellate May 1, 2024
- STATE OF NEW JERSEY VS. ALLAQUAN JACKSON (00-03-0886, ESSEX COUNTY AND STATEWIDE) A-1716-22 Appellate May 1, 2024
- IN THE MATTER OF J.C.G. (0258 XTR 2022 000002, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2416-22 Appellate May 1, 2024
- STATE OF NEW JERSEY V. SHAWN BAXLEY (21-08-0662, HUDSON COUNTY AND STATEWIDE) A-3538-22 Appellate May 1, 2024
- MARY A. BOTTEON, ET AL. VS. BOROUGH OF HIGHLAND PARK, ET AL. (L-2068-22, MIDDLESEX COUNTY AND STATEWIDE) (REDACTED) A-1227-22 Appellate May 1, 2024 Summary A-1227-22 This appeal concerns two ordinances of the Borough of Highland Park that amended its municipal code to allow cannabis retailers, consumption lounges, and delivery services to operate in the Borough, subject to operating, licensing, and tax regulations. Although the ordinances were enacted under express authority delegated by the Legislature through New Jersey's recreational marijuana statute, the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (known as CREAMMA), N.J.S.A. 24:6I-31 to -56, several concerned residents of the Borough challenged the ordinances in the Law Division as preempted by the federal Controlled Substances Act (CSA), 21 U.S.C. § 801. They also claimed the ordinances are inconsistent with the New Jersey Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and other state and federal laws. The Law Division judge dismissed the complaint as procedurally untimely and also substantively deficient for failure to state a claim. In the published portion of this opinion, the court reverses the Law Division’s dismissal of the complaint as untimely under Rule 4:69-6(a), but affirms the dismissal of plaintiffs' preemption claims. As to the former, the issues presented concern sufficient matters of public interest to qualify under Rule 4:69-6(c) for an enlargement of the 45-day filing period. As to the latter, the court concludes that, as other state courts have found, the text of the CSA and federal marijuana enforcement policies do not require a finding of conflict preemption of CREAMMA or the Borough's ordinances. In the unpublished portion of this opinion, the court remands plaintiffs' remaining state-law claims, which were dismissed without an opportunity for discovery and without a possible evidentiary hearing, if one proves necessary to resolve expert opinion and credibility issues. Close
- MARY A. BOTTEON, ET AL. VS. BOROUGH OF HIGHLAND PARK, ET AL. (L-2068-22, MIDDLESEX COUNTY AND STATEWIDE) A-1227-22 – MARY A. BOTTEON, ET AL. VS. BOROUGH OF HIGHLAND PARK, ET AL. (L-2068-22, MIDDLESEX COUNTY AND STATEWIDE) (REDACTED), [A shortened version of this opinion has been approved for publication.], A-1227-22 Appellate May 1, 2024
- PRAVIN PATEL VS. BHARAT MUKUND RAO, ET AL. (L-6475-19, BERGEN COUNTY AND STATEWIDE) A-2178-21 Appellate May 2, 2024
- STATE OF NEW JERSEY VS. ERIK RE'VOAL (94-05-0578, PASSAIC COUNTY AND STATEWIDE) A-3060-21 Appellate May 2, 2024
- STATE OF NEW JERSEY VS. DONALD HIGGS (14-09-2362, ESSEX COUNTY AND STATEWIDE) A-3676-21 Appellate May 2, 2024
- DCPP VS. K.S., M.O., AND V.M., IN THE MATTER OF M.S., M.M., AND T.M. (FN-09-0152-20, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0421-22 Appellate May 2, 2024
- STATE OF NEW JERSEY VS. JALIYL AMAKER (17-04-0256, HUDSON COUNTY AND STATEWIDE) A-0628-22 Appellate May 2, 2024
- HIGH QUALITY IMPORTS, INC. VS. MAURO MOTORS, LLC, ET AL. (L-0092-21, MIDDLESEX COUNTY AND STATEWIDE) A-0772-22 Appellate May 2, 2024
- STATE OF NEW JERSEY BY THE COMMISSIONER OF TRANSPORTATION VS. NICK WU, ET AL. (L-0187-21, SOMERSET COUNTY AND STATEWIDE) A-1182-22 Appellate May 2, 2024
- JMC REAL ESTATE HOLDINGS, LLC VS. ASIM HOLDINGS, LLC, ET AL. (L-0579-20, SOMERSET COUNTY AND STATEWIDE) A-1550-22 Appellate May 2, 2024