Opinion
2013-09-11
LIBERTY HOUSE NURSING HOME OF JERSEY CITY, INC., d/b/a Liberty House Nursing Home, Plaintiff–Petitioner, v. GRE JERSEY CITY, INC., Defendant–Respondent.
ORDERED that the petition for certification is granted, limited to the following issues: (1) whether an exemption to the certificate of 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.