Hudson County Superior Court Judge Jeffrey Jablonski ruled July 22 to dismiss a lawsuit filed in May by residents who live above a storefront on 14th Street, N.J., that would have prevented Story Dispensary from opening.
The lawsuit, which was filed by the 51-53 Fourteenth Street Condominium Association, claimed that “the building’s new owners misrepresented what business would be taking over the space, previously occupied by the Hudson Tavern restaurant, and sought to prevent it from opening,” TAPInto Hoboken reported.
The plaintiffs also complained about “noise, odor, loitering, security, smoking near the premises and property value impacts,” according to the news outlet.
According to the lawsuit, the plaintiffs were told that Exchange Physical Therapy Group was expected to open in the building, but the company purchased the property across the street instead, TAPInto Hoboken reported.
The judge dismissed the lawsuit without prejudice, which allows for another complaint to be filed in the future, according to the news outlet.
Martin Cabalar, the attorney representing the plaintiffs said, “The lawsuit against Story was dismissed without prejudice as not yet being ripe, in so much as the planning board has not decided whether it will approve Story’s application.”
Cabalar added, “If the planning board were to approve Story’s application, we believe that our client could revive its claims at that time,” the news outlet reported.
According to the news outlet, Story Dispensary is expected to go before the Hoboken Planning Board for a fourth time this month, seeking to get its application approved.
“We are pleased that the court recognized the association’s claims against Story Dispensary and its principles to be frivolous and summarily dismissed all of them,” Lee Vartan, the attorney representing Story Dispensary, told TAPInto Hoboken.