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BIG SMOKE v. TWP. OF WEST MILFORD

DOCKET NO. A-1755-22.

313 A.3d 77 (2024)

478 N.J. Super. 203

BIG SMOKE LLC, Plaintiff-Appellant, v. TOWNSHIP OF WEST MILFORD, Council of West Milford Township, and SoulFlora, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 2024.

Attorney(s) appearing for the Case

Seth R. Tipton argued the cause for appellant (Florio Perrucci Steinhardt Cappelli Tipton & Taylor LLC, attorneys; Seth R. Tipton , Sarah K. Powell , and Wade Lawrence Dickey , of counsel and on the briefs).

Edward R. Pasternak argued the cause for respondents Township of West Milford and Council of West Milford (Dorsey & Semrau, LLC, attorneys; Fred C. Semrau , Boonton, of counsel; Edward R. Pasternak , on the brief).

Eric D. Reiser argued the cause for respondent SoulFlora, Inc. (Shapiro, Croland, Reiser, Apfel & Di Iorio, LLP, attorneys; Eric D. Reiser , on the brief).

Before Judges Firko, Susswein and Vanek.

The opinion of the court was delivered by

This appeal presents the novel issue of the circumstances under which a municipality may decline to adopt a Resolution of Support (ROS) for an applicant seeking to obtain a Class 5 Cannabis Retailer License (CRL) from the State of New Jersey Cannabis Regulatory...

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