Norcross appeals lawsuit loss against Gov. Murphy over tax credit investigation

South Jersey political power broker George E. Norcross III on Monday filed a notice to appeal a judge’s decision last week concerning a special task force investigating multibillion dollar corporate tax break programs.

On Wednesday, state Superior Court Judge Mary C. Jacobson tossed out Norcross’ lawsuit, which claimed that Murphy didn’t have the authority to convene the task force. There were “legitimate concerns” about the state agency that oversees the tax credits, the judge said. She also said that Norcross and the other plaintiffs in the case hadn’t shown evidence that they were improperly targeted by the investigation.

In their filings, Norcross along with the hospital whose board he chairs, Cooper University Health Care, and several other companies argued that “the purpose of the task force’s investigation was and is to publicly embarrass, harass, and harm plaintiffs, who are four private companies, one law firm, and one individual.”

The companies outlined several issues they plan to raise on appeal, including whether Jacobson “failed to give plaintiffs every reasonable factual inference,” and whether the trial court “erred in relying on factual material outside the complaint.”

An appellate division judge denied the companies’ request for expedited briefing, according to another filing Monday.

“The application on its face does not concern a threat of irreparable injury, or a situation in which the interests of justice otherwise require adjudication on short notice,” Judge Stephanie Ann Mitterhoff indicated.

Murphy’s office declined to comment.

Dan Fee, a spokesperson for Norcross and the plaintiffs, declined to comment.

Cooper Health did not respond to a request for comment

Plaintiffs in the lawsuit won approval for state tax breaks collectively worth nearly $300 million. The task force, in a report issued in June, contended that the companies’ tax credit applications contained “significant problems" about whether they were genuinely considering moving out of state if they didn’t get the incentives.

The companies — including Conner Strong & Buckelew, the insurance brokerage Norcross leads — have denied any wrongdoing and have pushed back on the task force’s initial findings.

In the filings, the plaintiffs also stated that they did not think the case would benefit from a court settlement program: “Defendants have indicated they intend to continue their unlawful public investigation of plaintiffs. There is no potential to settle the matter or simplify the issues.”