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Judge Denies Request to Expedite Case for Shuttered Business Reinforcing NJ’s Anti Small Business Stance

the staff of the Ridgewood blog

Morris Plains NJ,  the Appellate Division denied a request on Thursday to expedite proceedings for a New Jersey business that closed its door because of Gov. Phil Murphy’s back-to-back emergency COVID-19 executive orders, which have since resulted in the closure of more than one-third of the state’s small businesses.

According to the order from Judge Carmen Messano in the case of JWC Fitness LLC versus Murphy, the case was denied an accelerated hearing for Murphy’s failure to properly execute the Disaster Control Act, which he invoked in his March Executive Orders and deemed some businesses “non-essential,” including the plaintiff’s CKO Kickboxing Franklin.

In spite of her plight, Murphy asked the Appellate Division to deny counsels’ request to move the case quickly, which would have assisted plaintiff Darlene Pallay in seeking financial relief.

Although Messano’s order specified he would not expedite the case and the parties will next receive a briefing schedule to file their written arguments, he did not deny that the first claim pertaining to establishment of the Disaster Control Act, should be argued in the Appellate Division. He did, however, state the second and third claims that argued Federal and State Constitutional issues of “taking” requiring compensation, should return to the Superior Court, where the complaint was first filed on Sept. 23.

“The entry of this order is without prejudice to plaintiff’s ability to seek relief in the Law Division at the appropriate time; the entry of this order is not a ruling on the merits of plaintiff’s proposed amendment,” Messano wrote.

As part of the Act, Murphy was mandated to establish compensation boards in every county where businesses and individuals impacted by the shutdowns, could petition for “reasonable compensation,” in return for his control over their properties. Murphy failed to establish these boards, which would have permitted Pallay to seek relief for her business.

Instead Pallay’s thriving decade-old business, according to the filings from her attorneys, Robert W. Ferguson, Esq. of the of the law firm of Stern, Kilcullen and Rufolo, LLC of Florham Park and Catherine M. Brown, Esq., of Denville – a suit facilitated by the non-profit advocacy group Rescue New Jersey – dwindled to the point she closed her doors.

“While Rescue New Jersey is pleased that the Appellate Court will address the underlying issue of the State’s misapplication of the Disaster Control Act and economic hardship that Mrs. Pallay has suffered, we wish the Court could have expedited the matter,” said Donald Dinsmore, Esq., Rescue New Jersey’s chairman.

Court briefs show Pallay acted in her business as “a law-abiding, taxpaying citizen of this State,” who not only helped to support her family – including three young children – with her business, she was also a vital part of her region, receiving Congressional recognition for “COVID-related activities that benefitted her community.”

Pallay’s business, according to one of the court briefs, accrued debt as a result of her inability to operate under the restrictions, including to her commercial landlord.

For more information about Rescue New Jersey and this case, go to:

7 thoughts on “Judge Denies Request to Expedite Case for Shuttered Business Reinforcing NJ’s Anti Small Business Stance

  1. The GOVERNOR deliberately put people in nursing homes to die.If you leave a baby in a hot car, your charged with murder. What the governor did is no different.he is deliberately?ruining business. This had nothing to do with public health.

  2. Everyone knows the deal…

    Murphy is a severe tyrant that is so entangled in his own power its REPULSIVE…

    What occurred while he was having dinner was mild….That man should be sent to Guantanamo along with that DISINGENUOUS phony COMO…(he doesn’t deserve to have his name spelled properly)

  3. Murphy is a big COWARD he should be impeached and put in prison for murdering all the nursing home patients.

  4. I am CONFIEDENT that your neighbors will OVERWHELMINGLY vote Murphy back into office.

    We’re not too bright over here in Ridgewood anymore.

  5. And he’s crying to the Federal Government for stimulus for the state not small business or residents. Boo hoo suck it up like the rest of us.

  6. You know what fot the State means =Free Tuition, food stamps, health insurance and legal expenses for illegals. Nothing for small business

  7. He should have laid off the state employees who stayed home and didnt do shit (they never do shit even when they are in the office)
    The roads suck, dead deer carcasses rotting all over, garbage car parts and leaves clogging drains on the highways and all these overpaid losers are collecting full pay.
    Murphy grabs his ankles for his union supporters and the state is broke.

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