CINNAMINSON, N.J. - A southern New Jersey couple who want to open a Fantasy Gifts store have won a new hearing on the matter.
Robert and Deana Bertino had opened a franchise of the chain in the summer of 2007, but closed up shop when township officials obtained an injunction, the Courier Post newspaper reported.
A lower court judge had ruled at that time that a town zoning law prevented adult-themed businesses from operating in the Pep Boys plaza on Route 130. The judge also dismissed the couple's lawsuit which challenged the constitutionality of the law.
On Monday, an appellate panel overturned that decision, opening the door for a new hearing on the lawsuit. The panel noted in the decision that the judge ruled on "common sense" rather than evidence, the newspaper reported. The decision said that a review of the evidence was needed to determine whether the shop would have a harmful effect on the neighborhood.
The panel also stated Cinnaminson officials need to show that "enough alternatives" would be available to the couple if the Pep Boys plaza site were denied.
