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LDM, Inc. v. Princeton Reg. Health Com'n

Superior Court of New Jersey, Law Division, Mercer County

August 29, 2000, Decided

DOCKET NO. MER-L-1979-00

Opinion

 [*284]  [**510]   FEINBERG, A.J.S.C.

PROCEDURAL HISTORY

On June 1, 2000, the Princeton Regional Health Commission ("PRHC") adopted Ordinance 2000-01 which prohibits smoking in all indoor public places in Princeton Township and Princeton Borough except homes, retail tobacco stores, and hotel or motel rooms or other lodging establishments with separate ventilation systems. On June 8, 2000, the plaintiffs, LDM, Inc., t/a The Ivy Inn ("Ivy Inn"), Lahiere's Restaurant Inc. ("Lahiere's"), Annex Grill Inc., t/a The Annex Restaurant & Bar ("Annex"), and National Smokers Alliance ("NSA") (collectively the "plaintiffs"), filed an order to show cause and verified complaint in lieu of prerogative writ against the defendant, PRHC, seeking [***2]  a preliminary injunction enjoining PRHC from enforcing or taking any other action to enforce the smoking ban imposed by Ordinance 2000-01.

On June 8, 2000, following a telephonic conference call initiated by the court, PRHC voluntarily agreed to delay the enforcement of the Ordinance pending the return date of the order to show cause. 1 [***3]  Consistent with the established briefing schedule, PRHC filed papers in opposition to the application for a preliminary injunction and, at the same time, filed a notice of motion to remove the NSA as a party to the action. As the result of a second telephonic conference, initiated by the [**511]  court on June 27, 2000, a second case management order was entered on July 5, 2000. The second case management order, in pertinent part, limited the issues on the return date of the order to show cause to adjudicate count one of the complaint (preemption) and the defendant's motion to remove NSA as a party plaintiff. With the consent of the parties, the court bifurcated the remaining counts of the  [*285]  verified complaint pending a resolution of count one of the complaint. 2

On July 7, 2000, the court granted the application by New Jersey Breathes ("NJB") for leave to appear as amicus curiae. On July 20, 2000, the return date of the order to show cause, the court granted the application for injunctive relief pending a final determination on the merits 3.

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336 N.J. Super. 277 *; 764 A.2d 507 **; 2000 N.J. Super. LEXIS 464 ***

LDM, INC., T/A THE IVY INN; LAHIERE'S RESTAURANT INC.; ANNEX GRILL INC., T/A THE ANNEX RESTAURANT & BAR; AND NATIONAL SMOKERS ALLIANCE, PLAINTIFFS, v. PRINCETON REGIONAL HEALTH COMMISSION, DEFENDANT.

Subsequent History:  [***1]  Approved for Publication December 20, 2000.

CORE TERMS

smoking, Ordinance, regulation, municipality, fire safety, restaurants, nonsmoking, establishments, public health, public place, tobacco, food, exemption, preempted, indoor, municipal ordinance, smoking ban, state law, state statute, local board, enclosed, smokers, powers, preemption, municipal regulation, place of employment, protective purpose, life and property, cigarettes, provisions

Governments, Local Governments, Duties & Powers, Civil Procedure, Justiciability, Standing, General Overview, Preliminary Considerations, Administrative Law, Separation of Powers, Legislative Controls, Police Power, Real Property Law, Landlord & Tenant, Rent Regulation, Federal Preemption, State & Territorial Governments, Relations With Governments, Antitrust & Trade Law, Consumer Protection, Tobacco Products, Business & Corporate Compliance, Governments, Agriculture & Food, Distribution, Processing & Storage, Licenses, Smoking Bans, Legislation, Interpretation, Severability, Labor & Employment Law, Occupational Safety & Health, Duties & Rights, Labor & Employment Law, Product Promotions, Public Health & Welfare Law, Housing & Public Buildings, Employees & Officials, Public Improvements, Administrative Boards, Enactment, Fire Departments, Ordinances & Regulations, Environmental Law, Natural Resources & Public Lands