Big Smoke LLC v. Township of West Milford
478 N.J. Super. 203
N.J. Super. Ct. App. Div.2024Background
- Big Smoke LLC (Plaintiff) sought a Resolution of Support (ROS) from the Township of West Milford to apply for a Class 5 Cannabis Retailer License (CRL) from the NJ Cannabis Regulatory Commission, but the Township declined to place the request on the Council meeting agenda.
- The Township cited an ordinance (the Buffer Ordinance) requiring cannabis retailers to be at least 2,500 feet apart. Plaintiff’s proposed location was less than 500 feet from SoulFlora, Inc., another applicant that had already received the Township's support for a CRL at its location.
- Plaintiff's requests for temporary and preliminary injunctive relief to halt SoulFlora’s operations and prevent further ROS issuances were denied by the trial court.
- The trial court dismissed Plaintiff's complaint with prejudice as to both SoulFlora and the Township. Plaintiff appealed the denial of injunctive relief and dismissals.
- On appeal, the court affirmed the denial of preliminary relief and the dismissal of claims against SoulFlora, but vacated the order dismissing claims against the Township, remanding for a statement of reasons for that decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Township's denial of ROS arbitrary/capricious? | The denial was arbitrary, as the buffer ordinance didn’t apply when SoulFlora was not licensed. | The denial was proper; proposed site would breach the ordinance's 2,500-foot rule. | No arbitrary/capricious conduct; ordinance application reasonable. |
| Entitlement to injunctive relief | Plaintiff faced irreparable harm; likelihood of success on merits. | No irreparable harm; harm could be mitigated or compensated monetarily. | Injunctive relief properly denied; Crowe factors not met. |
| Dismissal of complaint with prejudice against SoulFlora | Complaint stated a valid claim or should allow amendment. | No viable cause of action or liability alleged against SoulFlora. | Dismissal affirmed; no cause of action stated, amendment futile. |
| Dismissal with prejudice against Township | Procedure and substance required dismissal without prejudice. | Properly joined motion; no prejudice to Plaintiff; dismissal appropriate. | Vacated and remanded for statement of reasons per court rules. |
Key Cases Cited
- Crowe v. De Gioia, 90 N.J. 126 (1982) (sets standard for preliminary injunctive relief in New Jersey)
- Solondz v. Kornmehl, 317 N.J. Super. 16 (App. Div. 1998) (proper use of order to show cause for emergent relief)
- Dome Realty, Inc. v. City of Paterson, 83 N.J. 212 (1980) (scope of municipal police powers and limits)
- Printing Mart-Morristown v. Sharp Elecs. Corp., 116 N.J. 739 (1989) (standard for motion to dismiss for failure to state a claim)
- Curtis v. Finneran, 83 N.J. 563 (1980) (requirement for trial courts to state reasons when dismissing with prejudice)