FREEDOM FROM RELIGION FOUNDATION and David Steketee, Plaintiffs-Appellants,
v.
MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS, The Morris County Preservation Trust Fund Review Board, Joseph A. Kovalcik, Jr., in his official capacity as Morris County Treasurer, The Presbyterian Church in Morristown, First Presbyterian Church of New Vernon, St. Peter's Episcopal Church, First Reformed Church of Pompton Plains, Church of the Redeemer, Community of St. John Baptist, Stanhope United Methodist Church, Church of the Assumption of the Blessed Virgin Mary, First Presbyterian Church of Boonton, St. Peter's Episcopal Church in Mountain Lakes, Ledgewood Baptist Church, and Community Church of Mountain Lakes, Defendants-Respondents.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 23, 2017.
Decided April 18, 2018.
Attorney(s) appearing for the Case
Paul S. Grosswald argued the cause for appellants Freedom from Religion Foundation and David Steketee ( Paul S. Grosswald , on the brief, and Andrew L. Siedel and Ryan D. Jayne , of the Wisconsin bar, admitted pro hac vice, on the briefs).
John M. Bowens , Florham Park argued the cause for respondents Morris County Board of Chosen Freeholders, the Morris County Preservation Trust Fund Review Board, and Joseph A. Kovalcik, Jr. , in his official capacity as Morris County Treasurer (Schenck, Price, Smith & King, attorneys; John M. Bowens, on the briefs).
Kenneth J. Wilbur argued the cause for respondents The Presbyterian Church in Morristown, et al. (Drinker Biddle & Reath, attorneys; Kenneth J. Wilbur and Justin M. Ginter , Florham Park on the briefs).
Alex J. Luchenitser (Americans United for Separation of Church and State) a member of the District of Columbia bar, admitted pro hac vice, argued the cause for amici curiae American Civil Liberties Union, American Civil Liberties Union of New Jersey, and Americans United for Separation of Church and State (American Civil Liberties Union of New Jersey; Barry, Corrado & Grassi; Americans United for Separation of Church and State; and American Civil Liberties Union Foundation, attorneys; Edward L. Barocas , Jeanne M. LoCicero , Rebecca Livengood , Frank Corrado , Wildwood, Alex J. Luchenitser , Richard B. Katskee , a member of the District of Columbia and Maryland bars, admitted pro hac vice, and Daniel Mach, a member of the District of Columbia and New York bars, admitted pro hac vice, on the brief).
Thomas A. Gentile, Florham Park submitted a brief on behalf of amicus curiae The Becket Fund for Religious Liberty (Wilson Elser Moskowitz Edelman & Dicker and The Becket Fund for Religious Liberty, attorneys; Thomas A. Gentile , on the brief, and Hannah Clayson Smith , Luke William Goodrich , and Diana Marie Verm , members of the Court of Appeals of the District of Columbia bar, admitted pro hac vice, on the brief).
CHIEF JUSTICERABNER delivered the opinion of the Court.
From 2012 to 2015, Morris County awarded $4.6 million in taxpayer funds to repair twelve churches, as part of a historic preservation program. This appeal raises two questions: whether the grant program violated the Religious Aid Clause of the New Jersey Constitution and, if so, whether the...
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