Search Rutgers Law Library N.J. Court Opinions

16 D. RUSSO, INC. v. THEODORE J. ROMANKOW -- rank: 537

... PER CURIAM This appeal involves the constitutionality, as applied, of N.J.S.A. 2C:34-7, which governs where sexually oriented businesses can be located. In ... 22 in the Township, may operate in the face of N.J.S.A. 2C:34-7. To do so, the statute must be declared unconstitutional as ... court's ultimate conclusion was to find the application of N.J.S.A. 2C:34-7 to Russo as constitutionally valid. Relying upon the nineteen sites ... established a three-part test for determining the constitutionality of N.J.S.A. 2C:34-7 as applied to sexually oriented businesses. Distilled to its most ... Hott 22's business activities has not been infringed by N.J.S.A. 2C:34-7. Affirmed. 1 Renton v. Playtime Theatres, Inc. , 475 U.S ...

docket:	a3483-10_2
court:	NJ Superior Court Appellate Division
decided:	2011-12-02
status:	unpublished
citation:
Document Size:	48605

17 STATE OF NEW JERSEY v. TORELL BROWN -- rank: 533

... to distribute within a 1,000 feet of school property, N.J.S.A. 2C:34-7(a) (count three); second-degree possession of heroin with the ...

docket:	a2049-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-08
status:	unpublished
citation:
Document Size:	39495

18 Township of Saddle Brook v. A.B. Family Center -- rank: 499

... the business operated by Family Center violated a state statute, N.J.S.A. 2C:34-7, which bars the operation of a sexually oriented business within ... N.J. 217 (1998).     The Law Division also concluded that N.J.S.A. 2C:34-7 was unconstitutional as applied to the Township "on the ground ... 27. The Appellate Division rejected that conclusion, noting that because N.J.S.A. 2C:34-7 is a state statute its validity should not be determined ... the Law Division's responsibilities on remand are formidable. Although N.J.S.A. 2C:34-7 is not a statewide zoning regulation for sexually oriented businesses ... the relevant market, is adequate to sustain the constitutionality of N.J.S.A. 2C:34-7 as applied to the Family Center site.     Finally, we concur ...

docket:	a-180-97
court:	njsupreme
decided:	1999-01-28
status:
citation:	156 N.J. 587
Document Size:	36390

19 TOWNSHIP OF CINNAMINSON v. ROBERT BERTINO -- rank: 478

... the business, in the context of the restrictions imposed by N.J.S.A. 2C:34-7. This statute prohibits the operation of a "sexually oriented business ... within 1000 feet of any area zoned for residential use. [ N.J.S.A. 2C:34-7(a).] After considering the combined effect the municipal and statutory ... the process of determining, and ultimately upholding the constitutionality of N.J.S.A. 2C:34-7. Based on the certifications presented by the parties, the trial ...

docket:	a2074-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-09
status:	published
citation:	405 N.J. Super. 521 966 A.2d 14
Document Size:	46594

20 HAMILTON AMUSEMENT CENTER, INC., ET AL., VS DEBORAH PORITZ, ATTORNEY GENERAL FOR THE STATE OF NEW JERSEY -- rank: 454

... The statute passes constitutional muster, and hence we reverse. I.      N.J.S.A. 2C:34-7 was enacted by L. 1995, c. 230, effective September 15 ... section is guilty of a crime of the fourth degree. [ N.J.S.A. 2C:34-7(c),(d)].     The sponsors' statement to Assembly Bill No. 252 ... in enacting the package of bills that included what became N.J.S.A. 2C:34-7. See Renton v. Playtime Theatres, Inc. , 475 U.S. 41 ...

docket:	a3176-95
court:	njappellate
decided:	1997-02-28
status:	published
citation:	<a href=
Document Size:	32941

21 DEG, LLC v. TOWNSHIP OF FAIRFIELD -- rank: 447

... of the Township's zoning ordinance and the application of N.J.S.A. 2C:34-7, which precludes persons from operating sexually-oriented businesses at certain ... remained with regard to DEG's as-applied challenge to N.J.S.A. 2C:34-7, the trial court allowed the parties an opportunity for discovery ... that the operation at its location was not permitted by N.J.S.A. 2C:34-7. Consequently, DEG filed a motion in the trial court to ...

docket:	a1657-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-16
status:	unpublished
citation:
Document Size:	24807

22 STATE OF NEW JERSEY v. DANIEL RUSSO -- rank: 350

... feet of a recreational or residential area in violation of N.J.S.A. 2C:34-7. The court sentenced him to a one-year term of ... guilty, defendant reserved the right to appeal the constitutionality of N.J.S.A. 2C:34-7 as applied to his place of business, pursuant to Township ... CONSTITUTIONALITY OF THE APPLICATION OF THOSE CHARGES IN VIOLATION OF N.J.S.A. 2C:34-7. In the companion case on appeal of D. Russo, Inc ...

docket:	a0662-08
court:	superior court appellate division
decided:	2010-09-17
status:	unpublished
citation:
Document Size:	7878

23 STOCK ENTERPRISES INC v. GOVERNING BODY OF THE BOROUGH OF SAYREVILLE -- rank: 322

... prior litigation in which it unsuccessfully challenged the constitutionality of N.J.S.A. 2C:34-7(a), a statute that prohibits the operation of a sexually ...

docket:	a5940-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-05
status:	unpublished
citation:
Document Size:	52194

24 STATE OF NEW JERSEY v. SEAN BYRNE -- rank: 232

... twelve years subject to the No Early Release Act (NERA), N.J.S.A. 2C:34-7.2, a term three years below the then-presumptive sentence ...

docket:	a6207-05
court:	njappellate
decided:	2007-10-09
status:	published
citation:	*CITE_PENDING*
Document Size:	30666