Deg, LLC v. Township of Fairfield
Supreme Court of New Jersey
1Opinion of the CourtJustice Long
This appeal arises out of a lawsuit filed by the owner of a sexually oriented business against a municipality whose zoning scheme precluded such uses in all zones. After a trial judge declared that the zoning ordinance was unconstitutional on its face and ordered the issuance of the appropriate permits, the business opened. Because the judge also determined that there was a “reasonable likelihood” that N.J.S.A. 2C:34-7 1 would be declared unconstitutional as applied, she ordered further discovery and a hearing on that issue. Thereafter, the township settled the as-applied challenge to…
2Cases cited40 opinions
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- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
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- Schad v. Borough of Mount EphraimSupreme Court of the United States · 1981
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