Wolford v. Lopez · ¶166

Some of those laws did not extend to all private property in the State. But a significant number applied to the type of property at issue here: private property open to the public. The New Jersey law, for example, applied to “any lands not [the trespasser’s] own, and for which the owner pays taxes, or is in his lawful possession.” 1771 N. J. Laws 26. That would necessarily have encompassed private property open to the public, including the type of locations to which Hawaii’s law applies. See Decl. of H. Hartog ¶¶ 32, 34 in Koons v. Platkin, No. 1:22–cv–7464 (D NJ, Feb. 13, 2023), ECF No. 84 (noting that New Jersey’s law would have applied to “all varieties of real property, including the typical ‘businesses’ of the times”: “taverns, leathersmiths and blacksmiths, pharmacies, seed stores, and merchants who bought and sold livestock”).

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.