Can a Municipality be Sanctioned Under the Frivolous Litigation Statute? The Supreme Court Will Decide

The Supreme Court announced that it has granted certification in Borough of Englewood Cliffs v. Trautner. The question presented, as phrased by the Supreme Court Clerk’s office, is “Is a municipality subject to sanctions for filing a frivolous lawsuit under the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1?” In an opinion reported at 478 N.J. Super. 426 (App. Div. 2024), and summarized here, the Appellate Division affirmed a ruling of the Law Division that municipalities can be subject to frivolous litigation sanctions and upheld the sanctions imposed on the plaintiff Borough.