Whether you believe the subject of adult oriented business is taboo or not, it is a land use which the courts have determined is protected by the First Amendment of the Constitution.  The New Jersey Supreme Court ruled that a municipality may exclude this land use if “alternate avenues of communication” are available.  This ruling forces municipalities to consider the surrounding communities while zoning within their own boundaries, thereby taking a regional approach to local planning.  In the landmark case, A.B. Family Center vs. the Borough of Saddle Brook, 72 municipalities were identified as being within the “primary market area” of the subject property.  The ordinances of these towns were evaluated and all protected land uses within the market area were buffered.  We believe that these locally undesirable land uses can be zoned in such a way that would meet the requirements under AB Family Center with as little impact to the municipality as possible.