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MODERN CIGARETTE, INC. v. ORANGE

(SC 16259)

256 Conn. 105 (2001)

MODERN CIGARETTE, INC. v. TOWN OF ORANGE ET AL.

Supreme Court of Connecticut.

Officially released May 8, 2001.

Attorney(s) appearing for the Case

Richard Blumenthal, attorney general, with whom were Eliot D. Prescott, assistant attorney general, and Brian M. Stone, for the appellants (defendants and intervening defendant).

Anthony S. Bonadies, for the appellee (plaintiff).

McDonald, C.J., and Borden, Norcott, Katz, Palmer, Sullivan and Vertefeuille, Js.

Opinion

KATZ, J.

The sole issue in this appeal is whether an ordinance adopted by the named defendant, the town of Orange (town), banning all cigarette vending machines within its borders (ordinance) is preempted by General Statutes § 12-289a.1 The trial court concluded that state law preempted the ordinance. Accordingly, the trial court declared the ordinance invalid and...

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