Search Rutgers Law Library N.J. Court Opinions

1 SOLVAY SPECIALITY POLYMERS USA, LLC v. PAULSBORO REFINING COMPANY, LLC -- rank: 1000

... to PRC's property to conduct environmental sampling pursuant to N.J.S.A. 58:10B-16. We reverse. I. Since 1990, Solvay has owned and operated ... A-3981-19 5 PRC Property. Instead, Solvay explained that N.J.S.A. 58:10B-16 authorizes access to the PRC Property because such access is ... to give Solvay access to the PRC Property pursuant to N.J.S.A. 58:10B-16. Solvay alleged it needs access to the PRC Property to ... not been ordered by DEP to remediate the PRC Property, N.J.S.A. 58:10B-16 is inapplicable. Second, PRC noted that if the statute does ... granting Solvay's application. The court rejected the argument that N.J.S.A. 58:10B-16 applies only when the party seeking access to property is ... on one occasion 'opens the door for the imposition of N.J.S.A. 58:10B-16' and access to the PRC Property 'is to be ...

docket:	a3981-19
court:	NJ Superior Court Appellate Division
decided:	2022-09-23
status:	Unpublished
citation:
Document Size:	36765

2 STATE FARM FIRE AND CASUALTY INSURANCE COMPANY v. MARION FLORKIEWICZ -- rank: 749

... question of entitlement to counsel fees under the Brownfield Act, N.J.S.A. 58:10B-16, which provides in part: Any person who undertakes the remediation ... court may proceed in the action in a summary manner. [ N.J.S.A. 58:10B-16(a)(1).] For purposes of this opinion it suffices to ... insists that they are, as an element of damages, because N.J.S.A. 58:10B-16 includes counsel fees. The text of N.J.S.A. 58:10B-16 does not specifically authorize legal fees as part of damages ... Act specifically or expressly permit the award of fees. See N.J.S.A. 58:10B-16. Accordingly, we conclude that defendant may not seek counsel fees ... is based on Rule 4:42-9, equity principles and N.J.S.A. 58:10B-16 which she considers as part of the "Spill Act." ...

docket:	a0522-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-04
status:	unpublished
citation:
Document Size:	40170

3 COZZOLI MACHINE COMPANY v. CROWN REAL ESTATE HOLDINGS, INC -- rank: 649

... owner 'to undertake[] the remediation of suspected or actual contamination.' N.J.S.A. 58:10B-16(a)(1). It provides in part: If, after good faith ...

docket:	a1733-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-07
status:	Unpublished
citation:
Document Size:	37058

4 RISCO, INC., a New Jersey corporation v. NEW JERSEY NATURAL GAS COMPANY -- rank: 518

... the access order issued in the related litigation pursuant to N.J.S.A. 58:10B-16, the arbitrator concluded that "NJNG did not need Risco's ...

docket:	a4365-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-24
status:	Published
citation:
Document Size:	49705