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TOWNSHIP OF CINNAMINSON v. BERTINO

No. A-2074-07T1

966 A.2d 14 (2009)

405 N.J. Super. 521

TOWNSHIP OF CINNAMINSON and Edward M. Schaefer, Construction Official for the Township of Cinnaminson, Plaintiffs-Respondents, v. Robert BERTINO and Deana Bertino and FHG, Inc., t/a Fantasy Gifts, and Rheta F. Cheskin and Bruce S. Cheskin, Trustee, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 2009.

Attorney(s) appearing for the Case

Dennis E. Block, Turnersville, argued the cause for appellants.

John C. Gillespie, Marlton, argued the cause for respondents (Parker McCay, attorneys; Mr. Gillespie, of counsel and on the brief; Elena B. Zuares, on the brief).

Before Judges WINKELSTEIN, FUENTES and CHAMBERS.

The opinion of the court was delivered by

FUENTES, J.A.D.

The central issue in this appeal concerns the constitutionality of a zoning ordinance adopted by the Township of Cinnaminson that restricts the location where commercial establishments that sell adult videos and novelty items can operate. The trial court rejected defendants' constitutional challenge, finding that the ordinance constituted a reasonable time,...

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