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E&J EQUITIES v. BD. OF ADJUSTMENT

A-40 September Term 2014, No. 075207.

146 A.3d 623 (2016)

226 N.J. 549

E & J EQUITIES, LLC, a New Jersey limited liability company, Plaintiff-Appellant, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN, Defendant, and Township of Franklin, Defendant-Respondent.

Supreme Court of New Jersey.

Decided September 15, 2016.

Attorney(s) appearing for the Case

Francis P. Linnus argued the cause for appellant (Mr. Linnus, attorney; Benjamin T. Wetzel , on the briefs).

Louis N. Rainone argued the cause for respondent (DeCotiis, Fitzpatrick & Cole, attorneys; Mr. Rainone, Jason D. Attwood , and Victoria A. Flynn , on the briefs).

Ronald K. Chen argued the cause for amicus curiae American Civil Liberties Union of New Jersey ( Edward L. Barocas , Legal Director and Rutgers Constitutional Rights Clinic Center for Law & Justice, attorneys; Mr. Chen, Mr. Barocas , Jeanne M. LoCicero , Alexander R. Shalom , and Andrew Gimigliano , of counsel and on the brief).

In 2010, the Township of Franklin (the Township) adopted an ordinance revising its regulation of signs, including billboards. The ordinance permits billboards, subject to multiple conditions, in a zoning district proximate to an interstate highway but expressly prohibits digital...

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