(CN) – A New Jersey town went too far in its attempt to shut down a nude go-go bar in Middlesex County, the New Jersey Appellate Division ruled.
The borough of Sayreville, N.J., sought a permanent injunction to shut down Club 35, which featured live nude dancing.
The trial court granted the town’s request and recorded the injunction with the property deed in an attempt to permanently ban erotic dancing at that location.
Club 35 appealed the injunction and deed restriction, and the appellate division agreed that the trial court must reconsider the case, keeping in mind the factors outlined in the New Jersey Supreme Court’s decision in Township of Saddle Brook v. A.B. Family Center.
“Regardless of how the trial court rules on remand, however, we find no legal grounds for sustaining the court’s order imposing a judicially crafted restriction on the use of this property that runs with the land in perpetuity,” Judge Jose Fuentes wrote for the 2-1 majority.
In his dissent, Presiding Judge Stephen Skillman agreed that the case should be reconsidered, but disagreed with the majority’s decision to exclude Staten Island from the Superior Court’s consideration of alternative sites.
“I see no reason why a court’s determination of the availability of alternative sites for the conduct of sexually oriented businesses in the relevant market area, as required by Saddle Brook, should exclude sites in other areas,” including Staten Island, Skillman wrote.
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