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DEG, LLC v. TOWNSHIP OF FAIRFIELD

A-116 September Term 2007.

966 A.2d 1036 (2009)

198 N.J. 242

DEG, LLC, Plaintiff-Appellant, v. TOWNSHIP OF FAIRFIELD and Zoning Officer, Glenn Plumstead, in his Official Capacity, Defendants-Respondents.

Supreme Court of New Jersey.

Decided March 25, 2009.

Attorney(s) appearing for the Case

Dennis J. Oury argued the cause for appellant (Mr. Oury, attorney; Sylvia Hall, on the briefs).

Bennett M. Stern, Livingston, argued the cause for respondents (Stern, Lavinthal, Frankenberg & Norgaard, attorneys).

Justice LONG delivered the opinion of the Court.

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.<...

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