JWC Fitness, LLC v. Murphy

A kickboxing gym sued the New Jersey governor claiming that it was owed compensation for lost revenue during the COVID-related shutdown mandated by the governor’s executive order. The plaintiff offered two bases for relief. First, it claimed that the governor exercised his power to “commandeer and utilize” its property under the Disaster Control Act. Second, it argued that the executive orders constituted a taking under the state and federal constitutions. The New Jersey Appellate Division disagreed with both claims and denied relief.

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