Supreme Court of New Jersey, 2013

Liberty House Nursing Home of Jersey City, Inc. v. GRE Jersey City, Inc.

Liberty House Nursing Home of Jersey City, Inc. v. GRE Jersey City, Inc.
Supreme Court of New Jersey · Decided September 11, 2013
215 N.J. 483; 73 A.3d 509; 2013 WL 5299183; 2013 N.J. LEXIS 879

Liberty House Nursing Home of Jersey City, Inc. v. GRE Jersey City, Inc.

Opinion of the Court

ORDERED that the petition for certification is granted, limited to the following issues: (1) whether an exemption to the certificate *484of need requirement under the Health Care Facilities Planning Act, N.J.S.A 26:2H-1 et seq., belongs to the tenant who established and operated the exempted nursing home or to the landlord of the property on which the nursing home is operated; and (2) if the exemption belongs to the landlord, whether equity requires the landlord to pay the tenant operator for the value of the established business.

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