Legal Opinion
In re CVS Pharmacy, Wayne
New Jersey Superior Court Appellate Division
Decided April 28, 1988PublishedCited by 1 opinion
1Opinion of the Court
The opinion of the court was delivered by
ARNOLD M. STEIN, J.S.C.
(temporarily assigned).
Timothy Brophy, the resident pharmacist at the CVS Pharmacy on Hamburg Turnpike in Wayne, was found by the State Board of Pharmacy to have committed an act of grossly unprofessional conduct, in violation of N.J.S.A. 45:14-12f. The Board imposed a penalty of $500. We reverse and find that subsection f is unconstitutional in that it fails to satisfy due process of law requirements in two respects: it does not fulfill the purpose of serving the public health, safety or welfare, and it is void for vagueness.
We…
2Cases cited8 opinions
- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
- Donadio v. CunninghamSupreme Court of New Jersey · 1971
- Abelson's, Inc. v. New Jersey State Board of OptometristsSupreme Court of New Jersey · 1950
- Reingold v. HarperSupreme Court of New Jersey · 1951
- Supermarkets Gen. Corp. v. SillsNew Jersey Superior Court Appellate Division · 1966
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3Cited by1 opinion
- Matter of CVS Pharmacy WayneSupreme Court of New Jersey · 1989