Bill Text: NJ A4133 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits attorney fees awards in frivolous land use litigation.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-09-19 - Introduced, Referred to Assembly Judiciary Committee [A4133 Detail]
Download: New_Jersey-2016-A4133-Introduced.html
Sponsored by:
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
Assemblywoman BETTYLOU DECROCE
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Permits attorney fees awards in frivolous land use litigation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning frivolous lawsuits in the land use context and amending P.L.1988, c.46.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1988, c.46 (C.2A:15-59.1) is amended to read as follows:
1. a. (1) A party who prevails in a civil action, either as plaintiff or defendant, against any other party may be awarded all reasonable litigation costs and reasonable attorney fees, if the judge finds at any time during the proceedings or upon judgment that a complaint, counterclaim, cross-claim or defense of the nonprevailing person was frivolous.
(2) When a public entity is required or authorized by law to provide for the defense of a present or former employee, the public entity may be awarded all reasonable litigation costs and reasonable attorney fees if the individual for whom the defense was provided is the prevailing party in a civil action, and if there is a judicial determination at any time during the proceedings or upon judgment that a complaint, counterclaim, cross-claim, or defense of the nonprevailing party was frivolous.
b. In order to find that a complaint, counterclaim, cross-claim or defense of the nonprevailing party was frivolous, the judge shall find on the basis of the pleadings, discovery, or the evidence presented that either:
(1) The complaint, counterclaim, cross-claim or defense was commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury; or
(2) The nonprevailing party knew, or should have known, that the complaint, counterclaim, cross-claim or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law.
c. A party or public entity seeking an award under this section shall make application to the court which heard the matter. The application shall be supported by an affidavit stating in detail:
(1) The nature of the services rendered, the responsibility assumed, the results obtained, the amount of time spent by the attorney, any particular novelty or difficulty, the time spent and services rendered by secretaries and staff, other factors pertinent in the evaluation of the services rendered, the amount of the allowance applied for, an itemization of the disbursements for which reimbursement is sought, and any other factors relevant in evaluating fees and costs; and
(2) How much has been paid to the attorney and what provision, if any, has been made for the payment of these fees in the future.
d. A defendant who prevails in a civil action brought by an interested party to challenge an approval granted by a planning board or zoning board of adjustment, as appropriate, under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), may be awarded all reasonable litigation costs and reasonable attorney fees. Costs and fees may be awarded pursuant to this subsection if the court determines, at any time during the proceedings, or upon judgment, that a complaint or motion of the nonprevailing party was frivolous, unlikely to succeed on the merits, and made, more likely than not, for the purpose of causing delay and commercial hardship for the defendant. For the purpose of this subsection, "interested party" means an individual or entity who would financially or commercially benefit from a delay in the approvals granted to the defendant by a planning board or zoning board of adjustment, as appropriate, from taking effect.
(cf: P.L.1995, c.13, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill amends the existing frivolous lawsuit statute in the State to explicitly address litigation in the land use context. Under the bill, fees may be awarded if the court determines that a complaint or motion of the nonprevailing party was frivolous, unlikely to succeed on the merits, and made, more likely than not, for the purpose of causing delay and commercial hardship for the defendant. The award of fees can only be made when a plaintiff is an "interested party," defined in the bill as an individual who would financially or commercially benefit from a delay in the approvals granted to the defendant by a planning board or zoning board of adjustment, as appropriate, from taking effect.
This bill is intended to prevent individuals or entities with commercial interests in competition with an individual seeking land use approvals from a planning or zoning board from engaging in frivolous litigation to cause undue delay and hardship.
