Kickboxing studio case goes to appeals court

| 10 Nov 2020 | 03:25

Franklin. A Franklin Borough business owner’s case against Gov. Phil Murphy for his alleged violations of the Disaster Control Act advanced on Oct. 30, after a judge in the Superior Court Morris/Sussex granted its transfer to New Jersey’s Appellate Division. Judge Stuart A. Minkowitz granted in part the motion for reconsideration that attorneys filed on Oct. 2 on behalf of Darlene Pallay, who owns JWC Fitness LLC, which does business as CKO Kickboxing Franklin. The kickboxing studio suffered significant losses during the COVID-19 shutdown, and is now closed for good. Pallay says she is owed compensation through the Disaster Control Act for her compliance with the governor’s emergency orders. At her most recent classes, Pallay would average between five to eight students. She felt she had no choice but to close and held her final class on Oct. 30. “She complied fully with the Governor’s Executive Orders, notwithstanding the personal economic cost to her and her family,” said the brief filed on her behalf. “She won Congressional recognition for COVID-related activities that benefitted her community....(Her) circumstances are parlous, dynamic and worsening,” including an eviction proceeding from her commercial landlord. “She has creditors and she has expenses she cannot afford to pay.” For more information about Rescue New Jersey, which is going before the courts so that businesses ordered to close or reduce their operations are compensated for their compliance, visit