Search Rutgers Law Library N.J. Court Opinions

1 NAVILLUS GROUP, GENERAL INC v. ACCUTHERM INCORPORATED -- rank: 1000

... contamination before the transfer is grounds for voiding the transaction, N.J.S.A. 13:1K-13. Franklin Township filed a motion for reconsideration, which the court ... plaintiffs rely upon as authorization for seeking such relief is N.J.S.A. 13:1K-13, which provides in pertinent part: Failure of the transferor to ... action, and consequently, that party may "void" the transfer under N.J.S.A. 13:1K-13 based on the defaulting taxpayer's failure to remediate the site. We reject this argument and conclude that N.J.S.A. 13:1K-13 does not establish an alternative procedure to the one set ... judgment as a "transfer or sale" within the intent of N.J.S.A. 13:1K-13. Moreover, ISRA contains detailed provisions concerning the rights and responsibilities ... by the Tax Sale Law. Second, an expansive interpretation of N.J.S.A. 13:1K-13, under which a party that has foreclosed upon a ...

docket:	a0568-09
court:	New Jersey Superior Court Appellate Division
decided:	2011-08-11
status:	published
citation:
Document Size:	44305

2 NAVILLUS GROUP, GENERAL INC v. ACCUTHERM INCORPORATED -- rank: 1000

... contamination before the transfer is grounds for voiding the transaction, N.J.S.A. 13:1K-13. Franklin Township filed a motion for reconsideration, which the court ... plaintiffs rely upon as authorization for seeking such relief is N.J.S.A. 13:1K-13, which provides in pertinent part: Failure of the transferor to ... action, and consequently, that party may "void" the transfer under N.J.S.A. 13:1K-13 based on the defaulting taxpayer's failure to remediate the site. We reject this argument and conclude that N.J.S.A. 13:1K-13 does not establish an alternative procedure to the one set ... judgment as a "transfer or sale" within the intent of N.J.S.A. 13:1K-13. Moreover, ISRA contains detailed provisions concerning the rights and responsibilities ... by the Tax Sale Law. Second, an expansive interpretation of N.J.S.A. 13:1K-13, under which a party that has foreclosed upon a ...

docket:	a4754-08
court:	New Jersey Superior Court Appellate Division
decided:	2011-08-11
status:	Published
citation:	422 N.J.Super. 169 27 A.3d 973
Document Size:	43536

3 CD&L REALTY, LLC v. THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 823

... not obtain DEP's approval to sell the property under N.J.S.A. 13:1K-13. The Court of Appeals rejected the argument, holding that the ... respond if an owner or operator fails to comply. Under N.J.S.A. 13:1K-13(b), repealed by L. 1993, c. 139, § 12, "[f ... makes the sale voidable, at the discretion of the transferee. N.J.S.A. 13:1K-13 ("Failure of the transferor to perform a remediation and obtain ...

docket:	a4066-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-30
status:	unpublished
citation:
Document Size:	46865

4 R&K ASSOCIATES LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 792

... to recover damages from the transferor, pursuant to this section. [ N.J.S.A. 13:1K-13 (emphasis added). See also In re N.J.A.C ... 169 , 182 (App. Div. 2011) (recognizing the ongoing relevance of N.J.S.A. 13:1K-13 to ISRA violations), certif. denied , 201 N.J. 232 (2012 ... void its purchase of the property from Des Champs under N.J.S.A. 13:1K-13. 5 Additionally, pursuant to N.J.S.A. 13:1K-13.1, if Des Champs were not issued a DQE and ...

docket:	a0413-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	41626

5 A&S RUSSO REAL ESTATE, LLC v. RODMAN W. CHRYSLER -- rank: 687

... contract (count one), fraud (count two), strict liability pursuant to N.J.S.A. 13:1K-13 (count three) and negligence (count seven). The complaint alleged breach ...

docket:	a1743-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-21
status:	unpublished
citation:
Document Size:	46139

6 HANDY HARMAN, v. BEAZLEY USA SERVICES, INC -- rank: 679

... fails to comply with any obligation under this ACO . . . . Relatedly, N.J.S.A. 13:1K-13 says: Failure of the transferor to perform a remediation and ...

docket:	a2068-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-02
status:	Unpublished
citation:
Document Size:	29915

7 MORGAN STANLEY SERVICES COMPANY, INC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 624

... strictly liable, without regard to fault, for all remediation costs. N.J.S.A. 13:1K-13; In re Adoption of N.J.A.C. 7:26B ...

docket:	a5703-08
court:	superior court appellate division
decided:	2011-01-26
status:	Unpublished
citation:
Document Size:	36406

8 IN THE MATTER OF CROMPTON COLORS, INCORPORATED -- rank: 574

... hearing shall not automatically stay the effect of the order. [N.J.S.A. 13:1K-13.1b] (emphasis added). We reject the DEP's characterization of ... directives to perform environmental studies fall within the purview of N.J.S.A. 13:1K-13.1b because we assume that Hartz is not free to ...

docket:	a0778-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-27
status:	unpublished
citation:
Document Size:	25496