{"id":"DUT-NJ-013","kind":"duty","level":"court","jurisdiction":"New Jersey","state":"NJ","metro":"","industry":"","agency":"","eco":"","issuer":"Superior Court of New Jersey, Appellate Division (published opinion, Docket No. A-0639-20; on appeal from the Law Division, Sussex County, L-0388-20)","authority":"Judicial decision construing the Disaster Control Act and the Emergency Health Powers Act","instrument":"JWC Fitness, LLC v. Murphy, No. A-0639-20 (N.J. Super. Ct. App. Div. Oct. 18, 2021) (approved for publication)","title":"JWC Fitness, LLC v. Philip D. Murphy, Governor of New Jersey, et al.: no statutory or constitutional compensation for the closure and capacity limits imposed on a gym by EOs 104, 107 and successors","dateIssued":"2021-10-18","effective":"2021-10-18 (decided; approved for publication)","end":"n/a (precedential decision)","startDate":"2021-10-18","endDate":"","quarters":[],"types":["CLOSE","CAP","EMER","OTHER"],"addressees":["specified businesses (health clubs) and, by its statement of the statute, every person and business subject to the Governor\u0027s orders"],"clause":"anyone who is found to have violated any order, rule, or regulation adopted by the Governor pursuant to the Disaster Control Act shall be adjudged a disorderly person and be subject to fine or imprisonment. N.J.S.A. App. A:9-49(h) and (i).... the Governor intended to exercise his authority to regulate the operations of specified categories of businesses under N.J.S.A. App. A:9-40 and 9-45.","enforcement":"States the App. A:9-49 disorderly-persons penalty (fine or imprisonment) for violation of any gubernatorial order","functions":[],"notes":"The court held that the COVID-19 executive orders were an exercise of the Governor\u0027s statutory power under App. A:9-40 and 9-45 to regulate the operations of categories of businesses, enforceable by the disorderly-persons penalty of App. A:9-49 and -50, that they did not commandeer property requiring compensation, and that the Legislature on June 4, 2021 \u0027affirmed the Governor\u0027s continuation of a state of emergency under the Disaster Control Act\u0027 (P.L. 2021, c. 103). Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://www.njcourts.gov/system/files/court-opinions/2021/a0639-20.pdf","snapshot":"","fileExists":true,"fileBytes":149895,"grade":"primary","character":"adjudication","description":"","collection":"DUT-NJ","url":"/library/DUT-NJ-013","exhibitUrl":"/exhibit/DUT-NJ-013","citation":"Superior Court of New Jersey, Appellate Division (published opinion, Docket No. A-0639-20; on appeal from the Law Division, Sussex County, L-0388-20), JWC Fitness, LLC v. Murphy, No. A-0639-20 (N.J. Super. Ct. App. Div. Oct. 18, 2021) (approved for publication) (Ex. DUT-NJ-013)","stateName":"New Jersey","related":["DUT-NJ-006"]}