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Bieker v. Community House of Moorestown

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Argued November 27, 2000

On certification to the Superior Court, Appellate Division, whose opinion is reported at 327 N.J. Super. 467 (2000).

We are called on in this case to determine whether Moorestown Community House, Inc. (Community House), a nonprofit corporation that operates and rents meeting rooms and athletic facilities to charitable organizations, for-profit entities, and the general public, is entitled to immunity from suit under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. The question arises because N.J.S.A. 2A:53A-7a states that an entity seeking the protection of the Act must be “organized exclusively for religious, charitable or educational purposes.” Plaintiff contends that because for-profit entities and the general public pay rental fees to Community House it is not organized exclusively as a charity. We hold that activities designed to raise monies in support of a charitable organization’s core purposes generally contribute to those purposes and do not change the “?essence of the entity itself.’” Snyder v. American Ass’n of Blood Banks, 144 N.J. 269, 305 (1996) (quoting Parker v. St. Stephen’s Urban Dev. Corp., Inc., 243 N.J. Super. 317, 327 (App. Div. 1990)). Only when those non-charitable activities become the “dominant motive” of the organization do we have “some other form of enterprise” such that the organization will lose its immunity under the statute. Parker, supra, 243 N.J. Super. at 325.

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