The rule, which has been in place to protect developers from having their applications blocked by subsequent legal changes, was a crucial factor in this case. The panel pointed out that Blue Violets had already invested over $69,000 in the application process by the time the ordinance was passed. As a result, the court concluded that the application was not subject to the new law, reinforcing the city’s decision to approve it.
The ruling underscores the importance of the time of application rule, which ensures that the legal environment at the time of application, rather than subsequent changes, governs the approval process. Blue Violets LLC’s victory clears the path for the dispensary to continue operating, while the plaintiffs’ request for a halt to the operation was denied.
Representatives for the parties involved did not provide immediate comments following the ruling. The case, which has significant implications for cannabis regulation in Hoboken, is titled Hoboken for Responsible Cannabis Inc. et al. v. City of Hoboken Planning Board et al. and is being heard in the Superior Court of New Jersey, Appellate Division under case number A-0556-23.
