Mary Harz, Plaintiff-Respondent v. Borough of Spring Lake, a Municipal Corporation of the State of New Jersey And…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and dismissed the plaintiff's claim under the New Jersey Civil Rights Act, holding that the borough did not deprive her of a cognizable substantive right to be heard by the Planning Board. The Court applied a three‑step test to determine that the statutory scheme did not create an enforceable substantive right and that the plaintiff had not exhausted the administrative process.