New Jersey Statutes
N.J. Stat. § 59:2-5 (2026)
Issuance, denial, suspension or revocation of permit, license, etc
✓ current as of May 2026
A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where the public entity or public employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked.
Notes of Decisions
Cited in 15
cases (5 in the last 5 years), 1984–2024 · leading case: Kay v. City of Rancho Palos Verdes, 504 F.3d 803 (9th Cir. 2007).
Kay v. City of Rancho Palos Verdes, 504 F.3d 803 (9th Cir. 2007). “Ann. tit. 14 § 8104-B; Mass. Gen. Laws ch.”
K.J. ex rel. Lowry v. Div. of Youth & Fam. Servs., 363 F. Supp. 2d 728 (D.N.J. 2005). “N.J. Stat. Ann. § 59:2-5 (1992). The protected licensing functions only include those activities directly related to the issuance or denial of a license application.”
Johnson v. Essex Cnty., 538 A.2d 448 (N.J. Super. Ct. App. Div. 1987). “THE TOWNSHIP HAS IMMUNITY UNDER VARIOUS PROVISIONS OF THE TORT CLAIMS ACT (a) The Township has immunity for issuing permits and approvals under N.J.S.A. 59:2-5. The plaintiff contends that the Township approved subdivisions that brought about excessive development upstream *252…”
Berel Co. v. Sencit F/G McKinley Assocs., 710 F. Supp. 530 (D.N.J. 1989). “For instance, N.J.S.A. 59:2-5 states that: A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar…”
Kj Ex Rel. Lowry v. Div. of Youth & Fam., 363 F. Supp. 2d 728 (D.N.J. 2005). “§ 59:2-5 (1992). The protected licensing functions only include those activities directly related to the issuance or denial of a license application.”
Michael Bessasparis Vs. the Twp. of Bridgewater (l-1419-17, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “49 and quoting N.J.S.A. 59:2-5. As to the second count, the court also held that Payne 7 had immunity pursuant to N.”
Jennifer Buddy Vs. Jonathan E. Knapp Corrine Buddy Vs. Jonathan E. Knapp Damien Conneen Vs. State of New Jersey (l-1037-16, L-1046-16, & L-1049-16, Atl. Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2021). “59:2-4, for an alleged failure to enforce its regulations; (2) licensing immunity, N.J.S.A. 59:2-5, for any permitting decision, or alleged absence thereof, related to the driveway entrances; and (3) inspection immunity, N.”
H.D. v. Sherryl Allen (N.J. Super. Ct. App. Div. 2024). “The trial court concluded as a matter of law that defendants' actions and inactions concerning the expungement were immunized by the Legislature within the TCA under N.J.S.A. 59:2-5 and N.J.S.A. 59:3-6. The trial court rejected plaintiff's contention that those immunities were…”
Mauro Squicciarini Vs. Borough of Closter (l-6202-18, Bergen Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “N.J.S.A. 59:2-5 provides public entities are [ ] " not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal A-0822-19 5 to issue, deny, suspend or revoke any permit, license, certificate, approval, order or similar…”
Davidson v. O'Lone, 752 F.2d 817 (3rd Cir. 1984). “§§ 59:2-8 and 59:3-13 (no liability for injuries caused by the termination or reduction of benefits under a public assistance program); id.”
Attallah Brightwell Vs. Off. of Licensing (l-3828-15, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “See N.J.S.A. 59:2-5 (where a public entity is authorized by law to issue licenses to facilities, "[a] public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend o r revoke, any .”
Habitate, LLC. Vs. City of Bridgeton Renewable Jersey,llc(l-517-13, Cumberland Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “1 Bridgeton further asserts that N.J.S.A. 59:2-5 applies. That section of the TCA grants immunity against injuries caused by the enumerated actions found in the statute including "denial, suspension, or revocation of, or by the failure or refusal to issue, deny, suspend or…”
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