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JWC FITNESS, LLC v. MURPHY

Docket No. A-0639-20.

265 A.3d 164 (2021)

469 N.J. Super. 414

JWC FITNESS, LLC, Plaintiff-Appellant, v. Philip D. MURPHY, in his official capacity as the Governor of the State of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 2021.

Attorney(s) appearing for the Case

Catherine M. Brown , Morristown, argued the cause for appellant ( Catherine M. Brown and Stern Kilcullen & Rufolo, LLC, attorneys; Catherine M. Brown and Robert W. Ferguson , of counsel and on the briefs).

Alec Schierenbeck , Deputy State Solicitor, argued the cause for respondent ( Andrew J. Bruck , Acting Attorney General, attorney; Alec Schierenbeck and Melissa H. Raksa , Assistant Attorney General, of counsel; Jeremy M. Feigenbaum , State Solicitor, and Kevin R. Jespersen , Assistant Attorney General, of counsel and on the briefs; Amy E. Stevens and Kai W. Marshall-Otto , Deputy Attorneys General, on the briefs).

Before Judges Rothstadt, Mayer, and Natali.

The opinion of the court was delivered by

In this latest appeal arising from executive orders (EOs) issued by the Governor of New Jersey, defendant Philip D. Murphy, in response to health-related emergencies caused by the spread of the COVID-19 coronavirus, plaintiff JWC Fitness, LLC, which until October 2020 operated a...

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