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Committee for a Better Twin Rivers v. Twin Rivers Homeowner's Association

CLNBriefs

New Jersey Supreme: "Judgment of the Appellate Division is REVERSED and the judgment of the trial court is REINSTATED".

 

"The association's policies do not violate the free speech and right-of-assembly clauses of the New Jersey Constitution.", said Justice Wallace in writing for the unanimous decision.

In this highly anticipated decision, the court made a distinction between residential developments like Twin Rivers and private universities or regional shopping malls when it comes to constitutional rights – specifically, freedom of speech. This ruling affects the one in eight residents of New Jersey, over one million, who live under the auspices of homeowners' associations. Across the country, nearly 60 million Americans live in planned communities managed by homeowner associations. While this ruling has no force outside New Jersey, it could serve as a powerful example for other state courts.

Continued here.

Karyn Kennedy Branco, Esq. is co-counsel for the defendant, Twin Rivers Homeowners Association. Ms Kennedy Branco of Kennedy, Wronko, Kennedy and co-founder of Condo Law Network, is an experienced litigation attorney specializing in Condominium Law and Practice, Homeowners Associations, Director and Officer Liability Defense, General Civil Litigation, Appeals and General Corporate, Employment, Fair Housing and Discrimination Practice.

Ms Kennedy Branco is a member of the American Bar Association, Litigation Section, Probate and Property Section and the New Jersey State Bar Association since 1993.

 
 
Supreme Court of New Jersey Oral Argument (Docket: A-118-122-05)

The New Jersey Supreme Court Syllabus on its ruling for Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association (A-118-122-05) can be found here.

A webcast of the argument before the New Jersey Supreme Court can be found here.

The Twin Rivers New Jersey Supreme Court Appellate Division Brief can be found here.


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