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C.I.C. CORP. v. EAST BRUNSWICK TP.

266 N.J. Super. 1 (1993)

628 A.2d 753

C.I.C. CORPORATION, COAST CIGARETTE SALES, INC., ESKIN VENDING CORPORATION, AND AMUSEMENT MUSIC OPERATORS ASSOCIATION, PLAINTIFFS-RESPONDENTS, v. TOWNSHIP OF EAST BRUNSWICK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1993.

Attorney(s) appearing for the Case

Bertram E. Busch argued the cause for appellant (Busch and Busch, attorneys; Kenneth A. Levine and Mr. Busch, of counsel and on the brief).

Keith N. Biebelberg argued the cause for respondents (Biebelberg & Martin, attorneys; Barry D. Maurer and Mr. Biebelberg, of counsel and on the brief).

John M. Loalbo submitted a brief on behalf of amicus curiae Action on Smoking and Health; and amicus curiae New Jersey Group Against Smoking Pollution.

Carella, Byrne, Bain, Gilfillan, Cecchi & Stewart submitted a brief on behalf of amicus curiae Tri-Agency Council.

Before Judges J.H. COLEMAN, ARNOLD M. STEIN and CONLEY.

The opinion of the court was delivered by CONLEY, J.A.D.

Concerned for the health of its minor residents affected by early smoking and after evaluating information showing that many young people readily obtain cigarettes through vending machines notwithstanding the illegality of such sales, N.J.S.A. 2A:170-51, the Township of East Brunswick enacted an ordinance in July 1990 banning such machines. Plaintiffs are owners and operators of cigarette vending machines...

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