Kenneth J. Wilbur



Kenneth Wilbur is a commercial litigator and appellate lawyer with a particular focus on land use disputes. Following the enactment of the Telecommunications Act of 1996, Ken was among the lawyers who pioneered the litigation strategy that shaped the development of federal and state law governing the siting of personal wireless services facilities. He has advocated on behalf of providers in these matters at the trial and appellate level for more than 20 years, and has also represented real estate developers in a variety of commercial and personal injury appeals.

Ken has a track record of success representing clients in a variety of novel disputes that cross legal disciplines. His matters include:

  • Cellular Tel. Co. v. Zoning Bd. of Adjustment of the Borough of Ho-Ho-Kus, 197 F.3d 64 (3d Cir. 1999), which defined the elements of prohibition of services and substantial evidence claims under the Telecommunications Act of 1996;
  • Morris Cnty. Bd. of Chosen Freeholders v. Freedom From Religion Found., 139 S. Ct. 909, 586 U.S. ___ (2019) (Statement of Kavanaugh, J.), in which he secured historic churches’ retention of funds awarded in historic preservation grant programs;
  • Register v. SAS Morrison LLC, et al., 189 A.D.3d 591 (1st Dep’t 2020), in which he obtained a $9 million remittitur of a $14 million verdict against a landlord in a premises liability matter.

In his practice, Ken draws on a wealth of interdisciplinary experience in the fields of legal malpractice defense and legal ethics, pharmaceutical mass torts, First Amendment defenses to unfair trade practice and Medicaid fraud claims, real estate development disputes, and public contracting. He has published articles on First Amendment rights of corporations, state court jurisdiction, choice of law and preemption of punitive damages, legal ethics, and appellate procedure.

From 2014 to 2017, Ken served as counsel to the New Jersey Pension and Health Benefit Study Commission, coordinating the commission’s outreach efforts to stakeholders.

Personal Interests

When not in the dugout or bleachers supporting his daughter’s softball teams, Ken can be found enjoying the Manasquan Inlet. He also has a strong interest in aviation and maritime history.

Related Industries


Bar Admissions

New Jersey

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the District of New Jersey


Supreme Court of New Jersey, Hon. Alan B. Handler, 1987-1988


University of Pennsylvania Law School
J.D. with honors, University of Pennsylvania Law Review (comment editor) (1987)

Lehigh University
B.A. summa cum laude (1984)

Insights & Events

Leadership & Community

Pro Bono

As part of his pro bono work, he defended the houses of worship in Morris County Board of Chosen Freeholders v. Freedom From Religion Foundation, 586 U.S. (2019) (Statement of Kavanaugh, J.), which concerned the right of houses of worship to participate in government historic preservation grant programs.

Civic Activities

Ken is a former member of the Morris Plains Board of Education and remains active in local education fundraising activities.


  • Best Lawyers® — Appellate Practice, 2023-24
Awards Methodology
No aspect of these recognitions has been approved by the highest court of any state.
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