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COVID Eviction Freezes – Who Is Supposed To Pay?
Yesterday, the United States Centers for Disease Control and Prevention (CDC) issued what is perhaps its most far-reaching order concerning the COVID-19 pandemic. The order, available here, was not an order concerning travel, immunization, or other health-related concerns tied to the pandemic, but rather an order seeking to halt evictions of residential tenants on a... Read More
Constitutional Implications of COVID-19 and Its Impact Upon Property Rights and Individual Liberties
“Our battle with the pandemic is fluid, presenting issues that evolve and change with each day that passes.” MROD’s Anthony F. DellaPelle authored a recent article for the American Bar Association’s Section of Litigation concerning the constitutional implications of the restrictions that have been imposed by various government officials and agencies upon individuals and businesses... Read More
NJGOP Joins The Shutdown Challenge Party
Yesterday, the NJ State Republican Committee joined forces with a few small businesses in filing a lawsuit to challenge the constitutionality of Governor Phil Murphy’s Executive Orders in an effort to reopen small businesses around the State. The lawsuit, filed in New Jersey Superior Court, Cape May County, includes as plaintiffs the GOP State Committee,... Read More
Oregon Shutdown Order: Vacated and Reinstated in One Day
Another State’s Executive Orders – this time in Oregon – rode a judicial seesaw yesterday. Earlier in the day, Baker County Circuit Court Judge Matt Shirtcliff issued an opinion and preliminary injunction which declared that all of Oregon Governor Kate Brown’s Executive Orders were “null and void”, and therefore enjoined enforcement of several orders entered... Read More
NJ’s Latest Shutdown Challenge – Gun Clubs Try to Force Reopening
An association of gun clubs filed New Jersey’s latest challenge to Governor Murphy’s shutdown orders this week in U.S. District Court, asserting that their gun and rifle ranges should be permitted to reopen. The lawsuit, filed on May 12, seeks injunctive relief, requesting that the Court order the “immediate reopening” of their facilities, which have... Read More
Wisconsin Supreme Court: No Need to Stay at Home Any More!
Late yesterday, the Wisconsin Supreme Court issued a 161-page opinion striking down Democratic Governor Tony Evers’ “stay at home” Executive Orders, marking the first-known high court victory for challengers to the shutdown orders issued by Governors and other executives around the country. The 4-3 decision was lauded by local Republicans and small business owners as... Read More
NJ Shutdown Challenge – I Can’t Rent My Beach House!
The first apparent challenge to New Jersey’s shutdown orders was filed this week by a Pennsyvlania doctor, who alleges that Governor Murphy’s Executive Orders have resulted in a taking of his Margate beach house – because the orders prohibit seasonal beach rentals and, as a result, he was required to refund a deposit on a... Read More
NJ’s Newest Executive Order Forecasts Future Emergency Seizures and Commandeering
On April 2, 2020, New Jersey Governor Phil Murphy signed Executive Order #113, which follows his prior Orders in our current state of emergency, and authorizes the NJ Office of Emergency Management and Department of Health to utlize provisions of the NJ Civil Defense and Disaster Conrol Act “take or use personal services and/or real... Read More
Two Worlds Collide: States of Emergency and Individual Rights
Since our last post several days ago, Can the COVID-19 Panemic Allow the Government to Seize My Private Property?, so much has happened in our world that it would be impossible to try and analyze or even digest all of legal issues that the state of emergency has presented relating to property rights and individual... Read More
Can The COVID-19 Pandemic Allow the Government To Seize My Private Property?
As we endure the uncertainty that the COVID-19 pandemic has already brought to our families, businesses and communities, the declaration of a national emergency last week by President Trump under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as well similar declarations in New Jersey and other states, signal that our government agencies... Read More
