ENGLEWOOD HOSPITAL v. STATE

DOCKET NO. A-2767-21.

317 A.3d 967 (2024)

478 N.J. Super. 626

ENGLEWOOD HOSPITAL & MEDICAL CENTER, Hudson Hospital Opco, LLC, d/b/a Christ Hospital, IJKG Opco, LLC, d/b/a Bayonne Medical Center, HUMC Opco, LLC, d/b/a Hoboken University Medical Center, Capital Health Regional Medical Center, Capital Health Medical Center — Hopewell, Cooper University Hospital, Hackensack Meridian Health Pascak Valley Medical Center, JFK Medical Center, Our Lady of Lourdes Medical Center, Lourdes Medical Center of Burlington County, St. Francis Medical Center, Hackensack Meridian Health — Mountainside Medical Center, and Prime Healthcare Services — St. Mary's Passaic, LLC, d/b/a St. Mary's General Hospital, Plaintiffs-Appellants, v. The STATE of New Jersey, the State of New Jersey Department of Human Services, Sarah Adelman in her capacity as Commissioner of the Department of Human Services, State of New Jersey Department of Human Services, Division of Medical Assistance and Health Services, Meghan Davey, in Her Capacity as Director of the Division of Medical Assistance and Health Services, State of New Jersey Department of Health, and Dr. Kaitlan Baston, in her capacity as Commissioner of the Department of Health, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 2024.


Attorney(s) appearing for the Case

John Zen Jackson, Iselin, argued the cause for appellants (Greenbaum, Rowe, Smith & Davis, LLP, attorneys; James A. Robertson IV, John Zen Jackson, Andrew F. McBride, Robert B. Hille, and Paul L. Croce, Roseland, on the briefs).

Jacqueline D'Alessandro, Deputy Attorney General, argued the cause for respondents (Matthew J. Platkin, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Jacqueline D'Alessandro and Elizabeth Tingley, Deputy Attorney General, on the brief).

Before Judges Rose, Smith and Perez Friscia.


The opinion of the court was delivered by

After cross-motions for summary judgment, plaintiffs appeal from the trial court's order granting defendants' motion for summary judgment on certain taking claims and dismissing certain plaintiffs' remaining takings claims on ripeness grounds for failure to exhaust administrative remedies...

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