38 A.3d 669
N.J. Super. Ct. App. Div.2012Background
- Plaintiff tripped on a depression in a sidewalk adjacent to defendant church's property.
- Church is a nonprofit religious organization; issue is whether its use of the property was exclusively religious or partially commercial.
- Trial court granted summary judgment, holding no liability under the no-liability rule for non-commercial uses and relying on the church's exclusive religious use.
- Discovery was not completed when the summary-judgment motion was decided; two depositions had occurred but key witnesses and financial records were not yet produced.
- Depositions revealed potential parking-lot donations and basement-use for events, suggesting possible commercial activity.
- Appellate Division reversed and remanded, ruling summary judgment premature absent full discovery on the church's use of the property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the summary judgment premature before discovery was complete? | Discovery would uncover commercial activity and financial records. | There was no dispute of material facts; use was exclusively religious. | Remanded; summary judgment premature pending full discovery. |
| Should liability attach if church property is used for some commercial activity? | Even limited commercial use triggers liability for sidewalk maintenance. | Exclusive religious use means no liability regardless of incidental donations. | Reversal for discovery to determine use; not decided on the merits. |
Key Cases Cited
- Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981) (commercial abutting sidewalks carry duty to maintain)
- Restivo v. Church of St. Joseph of the Palisades, 306 N.J.Super. 456 (App.Div. 1998) (use of property determines commercial vs. residential)
- Brown v. St. Venantius School, 111 N.J. 325 (1988) (religious affiliation not dispositive; use matters)
- Lombardi v. First United Methodist Church, 200 N.J.Super. 646 (App.Div. 1985) (church solely for religious purposes not commercial)
- Dupree v. City of Clifton, 351 N.J.Super. 237 (App.Div. 2002) (exclusive religious use generally non-commercial unless mixed use)
- Abraham v. Gupta, 281 N.J.Super. 81 (App.Div. 1995) (capacity to generate income is key to liability)