Township of Franklin v. Hollander

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Argued January 14, 2002

The Township of Franklin filed a complaint in the Superior Court against defendants, the owners of an ornamental plant production operation, alleging that defendants’ operation violated several local land use ordinances. The litigation involves the relationship between commercial farming activities as defined by the Right to Farm Act, N.J.S.A. 4:1C-1 to -10 (Right to Farm Act or Act), and the right of municipalities to enforce local zoning and land use ordinances enacted pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -129 (MLUL).

The Appellate Division held that the Right to Farm Act preempts municipal land use authority over commercial farms. Township of Franklin v. den Hollander, 338 N.J. Super. 373, 375 (App. Div. 2001). We affirm the judgment of the Appellate Division for the reasons expressed in Judge Carchman’s thorough and persuasive opinion. We add only the following.

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