Expert Witness

Obtaining permission from local zoning and planning authorities is a necessary step in improving and expanding human service programs be they for substance abuse programs, dementia care, or nursing homes. In addition to oral and written testimony in cases regarding zoning issues, Dr. Hendrickson has also presented testimony in cases involving state health care policy. In June 2012, in part based on his testimony, Judge Mary Jacobson of the New Jersey Superior Court ruled that substance abuse detoxification was an “inherently beneficial use” under state zoning law. Dr. Hendrickson has appeared as an expert witness before zoning and planning boards and has had testimony accepted by administrative law judges in New Jersey and Virginia, New Jersey state courts, and United States District Courts in California, Connecticut, Florida, Maryland and New York:

Currently providing cost analysis expertise in two large healthcare-related litigation situations and am under confidentiality agreements not to disclose the details of the engagements.

2017 October, Superior Court of New Jersey Law Division, Mercer County Docket No. MER-L_2465-12, Sunrise Detox vs. Simone Investment

2017 June, United States District Court Southern District of Florida CASE NO. 13-14491-cv-Martinez-Lynch, Waters Edge Recovery vs. the City of Stuart Waters-Edge-Stuart-Fl-analysis-revised on 7-14-2017

2016 January, Kane County, Illinois Zoning Board of Appeals, Application of Glenwood Academy/Maxxam Partners LLC N.D. Ill. Case No. 17-cv-5707

2014 October Toms River New Jersey  Zoning Board of Adjustment, Application of Lapid Ventures

2014 July Expert Witness Report, Waters Edge Recovery LCC vs. City of Stuart. United States District Court Southern District of Florida, Case No.13-14491-cv-Martinez-Lynch

2014 June Deposition in CC Recovery Inc. vs. Cecil County, Maryland. United States District Court for the District of Maryland, Case No. 1:12-cv-03786-JKB

2013 Mazel and Dorca vs. Township of Toms River and Dover Woods Healthcare Facility, Superior Court of New Jersey, Ocean County, Docket No. OCN-L-3505-12

2013 Simone Investment vs. Township of Lawrence Zoning Board of Adjustment Superior Court of New Jersey Mercer County Docket No. MER-L-2325-11.

2013 Town of Juno Beach, Florida, testimony before Special Magistrate regarding the need for substance abuse services in the Juno Beach area.

2013, Sunrise Detox vs. City of White Plains United States District Court Southern District of New York, 7:13-cv-01614-VB.

2012, Alpharetta, Georgia Planning Commission, Sunrise Detox Application.

2011-2012, Darling, et al. V. Douglas, et al., United States District Court Northern District of California, C09-03798 SBA.

2011, Lawrence, New Jersey Township Zoning Board of Adjustment, Simone Investment Group Application.

2011, Township of Teaneck New Jersey Board of Adjustment, CareOne at Teaneck application.

2009, Commonwealth of Virginia, Department of Health, Testimony for Administrative Law Judge hearing, In Re: Abingdon Health Investors, LLC. (Affidavit on culture change and nursing homes)

2009, Commonwealth of Virginia, Department of Health, Testimony for Administrative Law Judge hearing, In Re: Abingdon Health Investors, LLC. (Affidavit on nursing home size and nursing home costs)

2008-2009, Oradell, New Jersey Board of Adjustment, Blauvelt Associates application.

2008, 745 Highland Avenue LLC vs. Cheshire Zoning Board of Appeals and the Town of Cheshire United States District Court for the District Of Connecticut, 3:2009cv00499.

2008, Cheshire, Connecticut Zoning Board of Appeals, 745 Highland Avenue LLC application.

2008, Township of Hamilton, New Jersey Zoning Board Of Adjustment, CareOne at Hamilton application, Application No. 99-01-005B.

2008 Whippany, New Jersey Board of Adjustment, CareOne application

Examples of this testimony are shown on the Publications page of this website. See 2013 work on a needs assessment for detoxification and residential programs in Juno Beach, Florida, the 2011 work on a substance abuse detox center and the 2008 work on expansion of subacute beds and need for a dementia care unit.

Dr. Hendrickson can present testimony relative to the size and location of the building and the need and beneficial impact of the services. Testimony can be prepared about why a program in a given location is appropriate, the role of state regulations and industry trends, the imbalance between the local supply of similar services and the need for the services, the occupancy and characteristics of current residents, and current and projected social and demographic characteristics of the local area.

An example of this testimony is shown in the following zoning decision from the Oradell Board of Adjustment in Bergen County New Jersey. This is illustrative reading since it shows the social and legal issues when a senior living project, in this case a dementia program licensed under New Jersey’s assisted living regulation, seeks permission to build. This case has classic elements: conflicts of interest among the Board, concerns of neighbors, how the applicant sought to work with the neighbors, the zoning issues, the debate over the size of the proposed building, and the concern of the Board with a potential Fair Housing Act suit in Federal courts.

The use of demographic information and supply and demand analysis is shown in the text of the decision.

2009 February Oradell Board of Adjustment Bergen County New Jersey Denial of Use Variances