Modern Cigarette, Inc. v. Town of Orange

Opinion

KATZ, J.

The sole issue in this appeal is whether an ordinance adopted by the named defendant, the town of Orange (town), banning all cigarette vending machines within its borders (ordinance) is preempted by General *107Statutes § 12-289a.1 The trial court concluded that state law preempted the ordinance. Accordingly, the trial court declared the ordinance invalid and enjoined the town from enforcing it. Because we determine that § 12-289a does not prohibit the town, acting within its pow*108ers to protect the health, safely and welfare of its citizens, from banning all cigarette vending…