Full Case Name
THE STATE OF NEW JERSEY, (LONG HILL TOWNSHIP), PLAINTIFF, v. CALABRIA, GILLETTE LIQUORS & DIANE'S COUNTRY KITCHEN, DEFENDANTS
Description
The Court held that Long Hill Township’s ordinance prohibiting neon commerical signs was an impermissible restriction on commercial advertising because there was no evidence of a "nexus between the aesthetics purposes and a total ban of neon." The Court vacated the lower court's decision finding the ordinance constitutional and also vacated defendants' convictions for violating the Township's ordinance.
Date
01-24-1997
Court
New Jersey Superior Court, Law Division
Jurisdiction
New Jersey
Plaintiffs
Defendants
Incident Location
Morris County, NJ
Disputed Act
Defendant business owners had signs on the inside of their stores illuminated by neon, which violated the Long Hill Township's ordinance regulating signs. The trial court upheld the constitutionality of the ordinance and found each defendant guilty of violating the ordinance. Defendants appealed their convictions.
Holding
The Court held that Long Hill Township’s ordinance prohibiting neon commerical signs to be an impermissible restriction on commercial advertising because there was no evidence of a "nexus between the aesthetics purposes and a total ban of neon." The Court vacated the lower court's decision finding the ordinance constitutional and also vacated defendants' convictions for violating the Township's ordinance.
Disposition