COLUMBIA FRUIT v. DEP'T OF CMTY.

DOCKET No. A-3155-19.

268 A.3d 1020 (2021)

470 N.J. Super. 25

COLUMBIA FRUIT FARMS, INC., Pleasantdale Farms, Inc., Glossy Fruit Farms, Inc., Mill Rock Farms, LLC, Joe Donio Farms, Atlantic Blueberry, Inc., Whalen Farms, LLC, Winslow Junction Produce, LLC, Stoney Creek Blueberries, LLC, Pastore Orchards, Inc., Blue Bird Farm, LLC, Variety Farms, Inc., Carmen Merlino t/a Oakcrest Farms, Country Blues, LLC., Dacosta Blueberry Farms, Inc., Richards Avenue Hammonton NJ LLC, Consalo Family Farms, LLC, Vaccarella Farms LLC, J. Berenato Farms, LLC, Cassaday Farms, LLC, Big Buck Farms, LLC, Berry Brothers, Clark Farms, LLC, SF Systems, LLC, Sheppard Farms, Inc., Katona Farms, Inc., Sand Farms, Inc., Maugeri Farms, LLC, Stecher Farms, LLC, Plaintiffs-Appellants, v. DEPARTMENT OF COMMUNITY AFFAIRS and Lt. Governor Sheila Y. Oliver, in her official capacity as Commissioner of the Department of Community Affairs, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 2021.


Attorney(s) appearing for the Case

Corinne McCann Trainor argued the cause for appellants (Fox Rothschild, LLP, attorneys; Michael J. Malinsky , Christopher C. Fallon , Atlantic City, and Corinne McCann Trainor , Lawrenceville, of counsel and on the briefs; Allison L. Hollows , on the briefs).

Dominic L. Giova , Deputy Attorney General, argued the cause for respondents ( Andrew J. Bruck , Acting Attorney General, attorney; Sookie Bae , Assistant Attorney General, of counsel; Susan M. Scott , Deputy Attorney General, and Dominic L. Giova , on the brief).

Before Judges Alvarez, Haas, and Mawla.


The opinion of the court was delivered by

Appellants are a group of twenty-nine, unaffiliated New Jersey farms that plant, grow, and harvest a variety of crops each year. Appellants maintain "commercial farm buildings"1 on their respective properties. During the growing season, appellants employ...

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