Search Rutgers Law Library N.J. Court Opinions

1 DEG, LLC v. Township of Fairfield, et al. -- rank: 1000

... was no market area available due to local ordinances and N.J.S.A. 2C:34-7, which prohibits operation of a sexually oriented business within 1 ... against Fairfield. DEG alleged that Fairfield’s zoning ordinance and N.J.S.A. 2C:34-7 were unconstitutional and that the denial of a permit constituted ... held that DEG established a reasonable likelihood of proving that N.J.S.A. 2C:34-7, if applied to DEG’s location, would violate the First ... prepared a second report concluding that DEG’s business violated N.J.S.A. 2C:34-7 because it was located within 1,000 feet of a ... negotiations, Fairfield and DEG agreed to settle the challenge to N.J.S.A. 2C:34-7. Fairfield’s township council approved the settlement on June 12 ... authority to settle DEG’s as-applied constitutional challenge to N.J.S.A. 2C:34-7. A municipality should not be required to incur the ...

docket:	a-116-07
court:
decided:	2009-03-25
status:
citation:	198 N.J. 229
Document Size:	114216

2 DEG, LLC v. Township of Fairfield, et al. -- rank: 947

... was no market area available due to local ordinances and N.J.S.A. 2C:34-7, which prohibits operation of a sexually oriented business within 1 ... against Fairfield. DEG alleged that Fairfield's zoning ordinance and N.J.S.A. 2C:34-7 were unconstitutional and that the denial of a permit constituted ... held that DEG established a reasonable likelihood of proving that N.J.S.A. 2C:34-7, if applied to DEG's location, would violate the First ... prepared a second report concluding that DEG's business violated N.J.S.A. 2C:34-7 because it was located within 1,000 feet of a ... negotiations, Fairfield and DEG agreed to settle the challenge to N.J.S.A. 2C:34-7. Fairfield's township council approved the settlement on June 12 ... authority to settle DEG's as-applied constitutional challenge to N.J.S.A. 2C:34-7. A municipality should not be required to incur the ...

docket:	a-116-07
court:
decided:	2009-03-25
status:
citation:	198 N.J. 229 966 A.2d 102
Document Size:	136626

3 GED, LLC v. TOWNSHIP OF EAST HANOVER -- rank: 917

... paragraph 6 of the New Jersey Constitution. GED further alleged N.J.S.A. 2C:34-7, a statute that also regulates sexually oriented businesses, was unconstitutional ... briefs on whether the court should address the constitutionality of N.J.S.A. 2C:34-7. On June 20, 2011, after reviewing the parties' submissions and considering the arguments of counsel, Judge Bozonelis determined that N.J.S.A. 2C:34-7(a), which also provides that a sexually oriented business may ... agreed that the court need not address the constitutionality of N.J.S.A. 2C:34-7(c), which regulates the signage for sexually oriented businesses, because ... that the Township had not waived its right to enforce N.J.S.A. 2C:34-7(b). That subsection of the statute provides in pertinent part ... fifty] feet in width." The judge reserved judgment on whether N.J.S.A. 2C:34-7(b) could be constitutionally applied to GED's proposed ...

docket:	a0757-13
court:	NJ Superior Court Appellate Division
decided:	2015-11-24
status:	unpublished
citation:
Document Size:	46603

4 DEG, LLC v. TOWNSHIP OF FAIRFIELD, et al. -- rank: 898

... changes in the law or facts since its entry. I N.J.S.A. 2C:34-7 prohibits any person from operating a sexually-oriented business within ... N.J. 587 , 596-98 (1999), the Court held that N.J.S.A. 2C:34-7 may be constitutionally applied only if there are "adequate alternative ... businesses are prohibited by First Amendment. DEG also claimed that N.J.S.A. 2C:34-7 was unconstitutional as applied to its proposed adult store. In ... area where a sexually-oriented business can operate without violating N.J.S.A. 2C:34-7 or local zoning laws. DEG applied to the trial court for a declaration of the unconstitutionality of N.J.S.A. 2C:34-7 as applied to its proposed sexually-oriented business. DEG also ... municipalities where DEG can open its adult business without violating N.J.S.A. 2C:34-7[,]" and therefore, DEG had "established a reasonable likelihood of ...

docket:	a5181-06
court:	njappellate
decided:	2008-01-31
status:	published
citation:	398 N.J.Super. 59
Document Size:	74403

5 TOWNSHIP OF SADDLE BROOK V. A.B. FAMILY CENTER, INC., ET AL. -- rank: 800

... it is a content-based regulation of speech"; (2) declaring N.J.S.A. 2C:34-7 "unconstitutional as applied by Saddle Brook based upon the fact ... the Township's Peace and Good Order Ordinance, and (3) N.J.S.A. 2C:34-7.     Following an evidentiary hearing, the trial judge found "that the ... within the city limits. The trial judge also held that N.J.S.A. 2C:34-7, as applied, violates the First Amendment because it "unreasonably limit ... no area within the town that does not fall within N.J.S.A. 2C:34-[7]'s 1,000 foot barrier." With regard to N.J.S.A. 2C:34-7, the judge stated:         The town's Construction and Zoning Officer ... to intervene on the issue related to the constitutionality of N.J.S.A. 2C:34-7. We now reverse the holding that N.J.S. ...

docket:	a0321-96
court:	njappellate
decided:	1998-01-02
status:	published
citation:	<a href=
Document Size:	49943

6 Do-Wop Corp. t/a Razzle Dazzle Fantasy Runway v. City of Rahway -- rank: 777

... within one or more of the categories of buffer zones. N.J.S.A. 2C:34-7. It is undisputed that Rahway has not adopted a zoning ... filed a counterclaim seeking enforcement of the 1993 ordinances and N.J.S.A. 2C:34-7. After a summary hearing in January 1998, the trial court ... September 15, 1995. L. 1995, c. 230, § 3 (codified at N.J.S.A. 2C:34-7 and amending N.J.S.A. 2C:34-7 provides in pertinent part:     Except as provided in a municipal ... 2C:34-2 to make clear that the enactment of N.J.S.A. 2C:34-7 did not change the existing obscenity law codified at N ... 34-2. L. 1995, c. 230, § 1.     The significance of N.J.S.A. 2C:34-7 is that it makes unlawful the operation of sexually- ...

docket:	a-25-00
court:	njsupreme
decided:	2001-06-29
status:
citation:	168 N.J. 191
Document Size:	32741

7 Hamilton Amusement Center v. Verniero -- rank: 722

... Assembly Bill, later codified, that directly affects those signs. Specifically, N.J.S.A. 2C:34-7, alleging that the restrictions contained in the statute violated the ... codified at N.J.S.A. 2C:34-6 and N.J.S.A. 2C:34-7, that directly affects those signs. N.J.S.A. 2C ... the key words and phrases used in the legislation, and N.J.S.A. 2C:34-7 contains the restrictions on signage and the establishment of perimeter ... oriented businesses, particularly in conjunction with the other provisions of N.J.S.A. 2C:34-7, dispersal requirements, locational restrictions, and perimeter buffers. N.J.S ...

docket:	a-64-97
court:	njsupreme
decided:	1998-07-21
status:
citation:	156 N.J. 254
Document Size:	109122

8 Borough of Sayreville v. 35 Club, L.L.C. -- rank: 717

... alternative channels of communication that are located in another state. N.J.S.A. 2C:34-7(a). Because defendant conceded that the Club’s location violated ... places in our State where such businesses may operate, see N.J.S.A. 2C:34-7, and many municipalities have taken steps, consistent with that statute ... sets forth the Legislature’s regulatory scheme for such businesses, N.J.S.A. 2C:34-7, has previously been sustained by this Court against a direct ... 1,000 feet of a public park or residential zone. N.J.S.A. 2C:34-7(a). Because defendant conceded that the Club’s location violated ... rejected defendant’s as-applied constitutional challenge to the statute, N.J.S.A. 2C:34-7, and ordered defendant to discontinue operating its sexually-oriented business ... of expression, the court must determine whether the restrictions in N.J.S.A. 2C:34-7, as applied to [defendant’s business], are constitutionally permissible. ...

docket:	A-66-10
court:	NJ Supreme Court
decided:	2012-01-19
status:
citation:	208 N.J. 491 33 A.3d 1200
Document Size:	102843

9 STATE OF NEW JERSEY v. TORRENCE THOMPSON -- rank: 701

... degree certain persons not to possess a firearm, contrary to N.J.S.A. 2C:34-7(b)(1). The court later sentenced defendant to seven years ...

docket:	a4194-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-24
status:	unpublished
citation:
Document Size:	38404

10 Maimone v. City of Atlantic City, et al. -- rank: 699

... Maimone also complained about Atlantic City’s failure to enforce N.J.S.A. 2C:34-7, which makes it a fourth-degree offense for a sexually ... Maimone also complained about Atlantic City's failure to enforce N.J.S.A. 2C:34-7, which makes it a fourth-degree offense for a sexually ... church or school. 1 After the county prosecutor decided that N.J.S.A. 2C:34-7 should be enforced by the revocation of the mercantile licenses ... feet of a school or church a fourth-degree offense, N.J.S.A. 2C:34-7. These provisions reflect a legislative recognition that the promotion of ... v. Verniero , 156 N.J. 254, 273 (1998) (noting that N.J.S.A. 2C:34-7 was designed to "mitigat[e] the adverse secondary effects of ... mercantile licenses of sexually-oriented businesses operating in violation of N.J.S.A. 2C:34-7, the only response he received was Captain Glass' comment: " ...

docket:	a-59-05
court:
decided:	2006-07-20
status:
citation:	*CITE_PENDING*
Document Size:	99488

11 D. RUSSO, INC. v. THEODORE J. ROMANKOW -- rank: 651

... feet of a residential or recreational area in violation of N.J.S.A. 2C:34-7. 2 In response, Russo filed this civil action in the ... Prosecutor, seeking injunctive and declaratory relief concerning the constitutionality of N.J.S.A. 2C:34-7 as applied to the operation of Hott 22. The matter ... location, Hott 22 cannot conduct business unless the court finds N.J.S.A. 2C:34-7 unconstitutional as applied to this case. Because the statute impinges ... areas devoted to railroads or public utilities; or (4) violated N.J.S.A. 2C:34-7 because of its proximity to municipal recreational areas or residential ... proof under Saddle Brook ; it therefore upheld the constitutionality of N.J.S.A. 2C:34-7 as applied to plaintiff's sexually oriented business. The trial ... In Saddle Brook , the Court held that the constitutionality of N.J.S.A. 2C:34-7 will depend upon "whether its application to [the sexually ...

docket:	a0633-08
court:	superior court appellate division
decided:	2010-09-17
status:	Unpublished
citation:
Document Size:	41977

12 D. RUSSO, INC. v. TOWNSHIP OF UNION -- rank: 616

... brought against Russo alleging that its operation of Hott violated N.J.S.A. 2C:34-7. The statute makes it unlawful for any person to operate ... operating their respective businesses in violation of Chapter 437 and N.J.S.A. 2C:34-7. On May 22, 2007, the Township adopted an ordinance, which ... Division ruled in Russo's challenge to the application of N.J.S.A. 2C:34-7 to its business. The court determined that, as applied, the ... s order in Russo's challenge to the application of N.J.S.A. 2C:34-7 to his business, and remanded the matter to the trial ... remand proceedings on Russo's challenge to the application of N.J.S.A. 2C:34-7 to its business, again finding that the application of the ... contention that the ordinance was repealed because the application of N.J.S.A. 2C:34-7 had been upheld in the parallel litigation, and under ...

docket:	a0180-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-02
status:	unpublished
citation:
Document Size:	37175

13 STATE OF NEW JERSEY v. IBRAHIM J. ELDAKROURY -- rank: 613

... The central issue in this appeal concerns the interpretation of N.J.S.A. 2C:34-7(a), which provides in relevant part: "[N]o person shall ... Finding nothing in the statutory language or legislative history of N.J.S.A. 2C:34-7(a) that would indicate the Legislature's intent to create ... auto in protected zones, the statute concerning sexually oriented businesses, N.J.S.A. 2C:34-7(a), does not include a strict liability provision. See N ... oriented business is a material element of the offense under N.J.S.A. 2C:34-7(a), and the mens rea requirement applies "to each material ... b). 2 We decline to address defendant's argument that N.J.S.A. 2C:34-7(a) is unconstitutional. The trial judge's opinion does not ...

docket:	a5802-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-10
status:	published
citation:	439 N.J.Super. 304 108 A.3d 649
Document Size:	22779

14 STATE OF NEW JERSEY v. DANIEL RUSSO -- rank: 556

... within 1000 feet of a residential area, in violation of N.J.S.A. 2C:34-7(a), and denying his motion to dismiss the indictments. Defendant ... DISMISS THE INDICTMENTS AGAINST RUSSO. R. 2:10-5. IV. N.J.S.A. 2C:34-7(d) SHOULD BE DECLARED UNCONSTITUTIONAL BY THIS COURT. A. N.J.S.A. 2C:34-7 Is Void For Vagueness. B. N.J.S.A. 2C:34-7 Deprives A Defendant Of Equal Protection Under The Law. We ... s second point. This case concerns an alleged violation of N.J.S.A. 2C:34-7(a), which provides in relevant part: "[N]o person shall ... slip op. at ll). In light of our construction of N.J.S.A. 2C:34-7(a), we conclude that the factual record created at ...

docket:	a2928-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-10
status:	unpublished
citation:
Document Size:	25852

15 DEG, LLC v. TOWNSHIP OF FAIRFIELD -- rank: 549

... prohibited sexually-oriented businesses anywhere in the municipality, and by N.J.S.A. 2C:34-7, which prohibits any person from operating a sexually-oriented business ... speech rights and that, as applied to its proposed business, N.J.S.A. 2C:34-7 also violated the First Amendment . Shortly after the filing of ... municipalities where DEG can open its adult business without violating N.J.S.A. 2C:34-7," and therefore, DEG had "established a reasonable likelihood of proving that N.J.S.A. 2C:34-7, if applied to this location, would violate the First Amendment ... court also ordered a plenary hearing regarding the constitutionality of N.J.S.A. 2C:34-7 as applied to DEG's adult business. Before the court ... that DEG's conduct of its sexually-oriented business violates N.J.S.A. 2C:34-7, and therefore, the consent judgment was void. This refusal ...

docket:	a4051-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-07
status:	unpublished
citation:
Document Size:	33675