Bill > S749

This bill allows courts to award attorney's fees to the winning side in lawsuits where a municipality fails to provide services or payments in lieu of services to "qualified private communities," which are defined as private communities that have entered into agreements with municipalities for these services. This provision aims to encourage settlements before costly lawsuits begin and to protect both communities and municipalities from unnecessary legal battles. If a qualified private community wins, the court can also impose civil penalties on the municipality ranging from $2,500 to $10,000 for each violation of the relevant law, which is P.L.1989, c.299 (40:67-23.2 et seq.). However, if the parties settle the case, neither side will be considered the "prevailing party" for the purpose of receiving attorney's fees. Any party seeking attorney's fees or reimbursement for costs must provide a detailed affidavit to the court outlining the legal services provided, time spent, and any payments made or planned.

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https://www.njleg.state.nj.us/bill-search/2024/S749