The New Jersey Supreme Court on Thursday declared unconstitutional a statute that requires disputes involving damaged underground infrastructure to be subject to binding arbitration before an arm of the Office of the Public Defender.
In a unanimous ruling, the court said the Underground Facility Protection Act, N.J.S.A. 48:2-73 to -91, violates the state constitution because it prevents parties from exercising their right to a jury trial over common-law property damage claims worth less than $25,000.
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