In September 2023, the trial court sided with the plaintiffs, ruling that the CRB had not acted as the planning board, and therefore Blue Violets’ application did not meet the requirements of the Municipal Land Use Law, which governs the application process. As a result, the court ruled that the application was incomplete, and the time of application rule should not apply.
However, in Monday’s opinion, the appeals panel disagreed with the lower court’s findings, particularly regarding the standing of HRC and Urtecho to challenge the dispensary’s approval. The judges concluded that both HRC and Urtecho, as residents of Hoboken, were properly recognized as interested parties with the standing to challenge the planning board’s decision.
On the core issue of the application’s compliance with the law, the panel supported Blue Violets, affirming that the dispensary’s application was deemed complete by the CRB in February 2022, before the ordinance was passed. The court emphasized that the CRB, as an arm of the planning board, held the responsibility for reviewing cannabis applications before they reached the planning board, and that the time of application rule was intended to prevent municipalities from changing the law mid-application.
