New Jersey Div., Horsemen's Benevolent Protective Ass'n v. New Jersey Racing Comm'n

In New Jersey Div., Horsemen's Benevolent Protective Ass'n v. New Jersey Racing Comm'n, 251 N.J. Super. 589, 598 A.2d 1243 (App.Div.1991), the Court found that the Racing Commission did not have exclusive jurisdiction over the claim. The Commission's enabling statute conferred the supervisory power of compelling the submission of audits of certain charitable trusts, but the statute was "altogether silent as to what remedies are available and to whom and in what forum" when the Commission failed to exercise that power, such as by failing to enforce a charitable trust. Id. at 602-03, 598 A.2d 1243. The statute "hardly constituted a vesting of exclusive supervisory or adjudicatory jurisdiction in" the Commission, and it could not be said to "bespeak an intention to impinge upon the Superior Court's constitutionally conferred 'original general jurisdiction throughout the State in all causes,'" given its silence on the point and the fact that matters of trust enforcement were within the recognized expertise of the Chancery Division and outside the special competence of the Racing Commission. Id. at 603-06, 598 A.2d 1243.