H&S Development Corp. v. New Jersey Department of Community Affairs
Dec 06, 2006OUTCOME: In favor of client
In January of 2004, the NJ Department of Community Affairs' (NJDCA) unlawfully asserted jurisdiction over rock climbing gyms operating in the state of New Jersey under the Carnival-Amusement Rides Safe ... ty Act, N.J.S.A. 5:3-31 et seq.. hThe NJ Superior Court ruled that the NJRG did not operate a "carnival ride" as contended by the NJDCA. The effect of that litigation was realized statewide on July 2, 2007, when the NJDCA published draft regulations specific to rock climbing walls located or operated within amusement parks.The draft regulations specifically cited conformity with the NJRG case and excluded all stand alone rock climbing walls and gyms in the State. The entire decision can be provided upon request.
