The Coaster
Saturday, January 28, 2023
No Result
View All Result
  • Browse News by Town
    • Allenhurst
    • Asbury Park
    • Avon
    • Bradley Beach
    • Deal
    • Interlaken
    • Loch Arbour
    • Long Branch
    • Neptune
    • Neptune City
    • Ocean Grove
    • Ocean Township
    • Tinton Falls
  • About Us
  • Advertise
  • Contact Us
Subscribe / Renew
  • Browse News by Town
    • Allenhurst
    • Asbury Park
    • Avon
    • Bradley Beach
    • Deal
    • Interlaken
    • Loch Arbour
    • Long Branch
    • Neptune
    • Neptune City
    • Ocean Grove
    • Ocean Township
    • Tinton Falls
  • About Us
  • Advertise
  • Contact Us
No Result
View All Result
The Coaster
No Result
View All Result
Home Featured

2 Lawsuits Filed Over Neptune City’s Marijuana Ordinance

by Pete Walton
December 19, 2022
in Featured, Neptune City
2 Lawsuits Filed Over Neptune City’s Marijuana Ordinance

Marijuana background at sunset. leaves of cannabis marijuana plant.

1.1k
VIEWS
Share on FacebookShare via EmailShare on Twitter

By PETE WALTON

Neptune City is facing two lawsuits over plans for the sale of legal marijuana in the borough.
A suit filed by two Steiner Avenue residents says the Borough Council’s retail cannabis ordinance was “arbitrarily, capriciously, improperly and illegitimately adopted.”
A separate legal action by a company seeking one of two proposed licenses to sell marijuana says the borough’s process for awarding resolutions of support to two other companies “was biased and subjective and, as a result, arbitrary, capricious, and unreasonable.”
Filing of the suits prompted Neptune City’s municipal attorney to advise Mayor Andrew C. Wardell and the six-member council not to respond to comments and questions posed by citizens at the most recent meeting of the governing body.
Attorney Eugene P. O’Connell and Melida Rodas, are asking state Superior Court Judge Lisa P. Thornton, sitting in Freehold, to declare two ordinances and two resolutions unanimously approved by the bipartisan council “invalid, void and contrary to law.”
O’Connell and Rodas say the adoption of the four measures was “accomplished without regard for the general welfare of the Borough of Neptune City and its property owners, does not advance the health, safety and welfare of the borough’s residents and property owners, is not in the best interest of good zoning and planning, is inconsistent with the borough’s master plan, and was adopted contrary to law as a violation of plaintiffs’ constitutional due process.”
The complaint takes aim at the council’s resolutions of support for two companies seeking to sell marijuana in the borough.
“The cannabis retailers the defendants support are located adjacent to each other and adjacent to the residential zone in the Borough of Neptune City,” the suit alleges. “The driveway[s] for ingress and egress for both establishments are located on Steiner Avenue, a residential zone.”
The two properties being considered have addresses on West Sylvania Avenue.
The proximity of the proposed retail sites to each other and to a residential area is also addressed in the separate action filed by The Cannabis Shoppe LLC, which is now pending before state Superior Court Judge David F. Bauman, also sitting in Freehold.
Attorneys for The Cannabis Shoppe (TCS) say the company was not given a chance to make a presentation to the committee which the borough established to review applications for the two marijuana retail licenses.
According to the suit, “the location proposed by TCS was superior in every respect” to the sites proposed by the two applicants who received resolutions of support from the council, Shipwreck’d LLC and Ivy Hall New Jersey LLC. The two firms told the council they were considering locations at 23 and 35 W. Sylvania Ave., respectively. At those addresses, West Sylvania Avenue is also New Jersey Route 35.
“TCS’s proposed location was a standalone building with off-street parking that would not exacerbate the traffic situation on Route 35,” the company’s suit says. “In addition, TCS’s proposed location is next to a bus lot, and not immediately adjacent to residential homes.”
The site being considered by TCS is believed to be the former ice cream parlor building on the northeast corner of Route 35 and Third Avenue.
The TCS suit asks Judge Bauman to stop the borough from “proceeding with [the] permitting process at the municipal level for Class 5 cannabis retailer licenses.”
TCS also wants the court to stop Shipwreck’d and Ivy Hall “from relying upon the resolution[s] of support” approved by the council.

Related Posts

Ocean Grove Group Hosting Winter Social

Law Enforcement Seeks Public’s Help Following Fatal Crash in Neptune

January 26, 2023
Ocean Grove Group Hosting Winter Social

Ocean Grove Group Hosting Winter Social

January 26, 2023
Stabbing Incident at Asbury Park High School

Long Branch Man Indicted For West Long Branch 2022 Shooting

January 25, 2023
Neptune City to Consider More Locations for Sale of Cannabis

In Neptune City New Marijuana Legislation Planned

January 11, 2023
Stabbing Incident at Asbury Park High School

Police Investigate Fatal Neptune Shooting

January 3, 2023
Collections Continue for Brighton Arms Fire Victims

Collections Continue for Brighton Arms Fire Victims

December 21, 2022

Trending This Week

Ocean Grove Ladies Auxiliary Raised $58,000 for Projects

Pilot Parking Program is Topic Of Special Meeting in Ocean Grove

January 25, 2023
Developer ‘Cares Deeply About Boardwalk’ As Iconic Asbury Park Buildings Deteriorate

Developer ‘Cares Deeply About Boardwalk’ As Iconic Asbury Park Buildings Deteriorate

January 25, 2023
Stabbing Incident at Asbury Park High School

Red Bank Man Charged With Numerous ‘Upskirting’ Offenses

January 24, 2023
Disussions Continue to Preserve Asbury Park Historic Sites

Disussions Continue to Preserve Asbury Park Historic Sites

January 25, 2023

Advertise Online with The Coaster

Advertise on The Coaster to reach countless new customers for your local business.

START ADVERTISING TODAY

E-mail Newsletter

Sign up to get a free weekly newsletter to your inbox.

Subscribe

Contact Us

The Coaster
1011 Main St
Asbury Park, NJ 07712
Phone: 732-775-3010
FAX: 732-775-8345
editor@thecoaster.net

Email Newsletter »

All Articles

Search Our Site

No Result
View All Result

© 2023 The New Coaster, LLC. All rights reserved.

No Result
View All Result
  • Browse News by Town
    • Allenhurst
    • Asbury Park
    • Avon
    • Bradley Beach
    • Deal
    • Interlaken
    • Loch Arbour
    • Long Branch
    • Neptune
    • Neptune City
    • Ocean Grove
    • Ocean Township
    • Tinton Falls
  • About Us
  • Advertise
  • Contact Us
Subscribe / Renew

© 2023 The New Coaster, LLC. All rights reserved.