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CLUB 35 v. BOROUGH OF SAYREVILLE

No. A-5932-09T3.

20 A.3d 451 (2011)

420 N.J. Super. 231

CLUB 35, L.L.C., Plaintiff-Appellant, v. BOROUGH OF SAYREVILLE, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 2011.

Attorney(s) appearing for the Case

Gregory W. Vella , Long Branch, argued the cause for appellant (Collins, Vella & Casello, L.L.C., attorneys; Mr. Vella, of counsel and on the briefs).

Thomas A. Abbate argued the cause for respondent (DeCotiis, Fitzpatrick & Cole, L.L.P. and McKenna, DuPont, Higgins & Stone, attorneys; Judy A. Verrone , Teaneck, of counsel; Mr. Abbate, on the brief; Edward G. Washburne , Newark, on the supplemental brief).

Before Judges A.A. RODRÍGUEZ, GRALL and COBURN.

The opinion of the court was delivered by

GRALL, J.A.D.

Plaintiff Club 35, L.L.C., appeals from a grant of summary judgment upholding an ordinance enacted by defendant Borough of Sayreville. Club 35 contends the ordinance is preempted by an offense, N.J.S.A. 2C:33-27, that is part of the New Jersey Code of Criminal Justice (the Code), N.J.S.A. 2C:1-1 to 98-4. We agree.

The ordinance supplements Chapter V, Police Regulations, of the Borough...

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