The odds were stacked against her from the very beginning. Darlene Pallay took on the billionaire Governor of New Jersey anyway. The owner of the now closed CKO Kick Boxing in Franklin says she was forced out of business because of Governor Phil Murphy's Covid restrictions. Therefore she is entitled to compensation from the state based on the "taking" clause of the 5th Amendment. Which says the government cannot take private property for public use without just compensation. Pallay's argument has been that by forcing her to close CKO Kick Boxing in Franklin the governor did take her business. So far two judges have disagreed with her. Recently, in a 29 page ruling, Appellate Court Judge Garry Rothstadt dismissed her case. The judge based his decision on the fact that the state did not physically take Pallay's property. He went on to say the governor's orders amounted to "regulation" which does not come with compensation. Judge Rothstadt continued to earn his $175,000 annual paycheck while the state forced thousands of businesses like Pallay's to close. She told NJ Advance Media "My family has lost so much and we continue to struggle." Her next step will be to petition the New Jersey State Supreme Court to hear her case.
Source: NJ.COM
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