A New Jersey appeals court has ruled that a plaintiff was wrongly denied counsel fees after winning a dispute with a municipality over an ordinance imposing regulations on landlords.
The appeals court remanded the case to the Law Division for reconsideration of the fee application for the City of Orange Property Owner’s Association, which won its suit to overturn an apartment inspection fee ordinance adopted by Orange. The plaintiff maintained it was entitled to fees as the prevailing party under the New Jersey Civil Rights Act. But the trial court cited the prompt dismissal of the case, and the minimal damage to the plaintiff as a result, to justify its denial of fees. The court also relied on its own assessment of the parties’ financial assets, and the purported financial stresses facing Orange, as a basis for denying the fee application.
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