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SPARROWEEN v. WEST CALDWELL

DOCKET NO. A-4083-15T1.

173 A.3d 1097 (2017)

452 N.J. Super. 329

SPARROWEEN, LLC d/b/a Cigar Emporium and Richard Yanuzzi, Plaintiffs-Appellants, v. TOWNSHIP OF WEST CALDWELL, Township of West Caldwell Board of Health and William Wallace, Individually and in His Capacity as Health Officer of the Township of West Caldwell, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 2017.

Attorney(s) appearing for the Case

Steven J. Martino , argued the cause for appellants (Iacullo Martino, LLC, attorneys; Mr. Martino, on the brief).

Andrew Gimigliano argued the cause for respondents (O'Toole, Scrivo, Fernandez, Weiner, Van Lieu, LLC, attorneys; Juan C. Fernandez , of counsel; Anthony D. Capasso and Michael Garcia , on the brief).

Before Judges Reisner, Gilson, and Mayer.

The opinion of the court was delivered by

Plaintiffs appeal from an April 18, 2016 order that dismissed their prerogative writs action and denied their request to invalidate a municipal smoking ordinance. Plaintiffs primarily argue that the New Jersey Smoke-Free Air Act (the Smoke-Free Act), N.J.S.A.

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