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BOROUGH OF SAYREVILLE v. 35 CLUB

Nos. A-3537-08T1

3 A.3d 1268 (2010)

416 N.J. Super. 315

BOROUGH OF SAYREVILLE, Plaintiff-Respondent/Cross-Appellant, v. 35 CLUB, L.L.C., a Limited Liability Company of the State of New Jersey, t/a XXXV Gentlemen's Club, 35 Club, and/or The XXXV Club, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 17, 2010.

Attorney(s) appearing for the Case

Gregory W. Vella, Long Branch, argued the cause for appellant/cross-respondent (Collins, Vella & Casello, attorneys; Mr. Vella , on the brief).

Thomas A. Abbate argued the cause for respondent/cross-appellant (DeCotiis, Fitz-Patrick, Cole & Wisler, attorneys; Judy A. Verrone , Teaneck, of counsel; Mr. Abbate , on the brief).

Before Judges SKILLMAN, FUENTES and SIMONELLI.

The opinion of the court was delivered by

FUENTES, J.A.D.

Defendant 35 Club L.L.C., t/a XXXV Gentlemen's Club, 35 Club, and/or XXXV Club (Club 35) operated a sexually oriented business featuring live nude erotic dancing in the Borough of Sayreville in Middlesex County. This controversy began when the Borough filed a verified complaint in the Chancery Division against Club 35 alleging that the location and nature of Club 35's activities violated N.J.S.A...

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