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ARTICLE · 06 DECEMBER 2024

The Appellate Division Questions Access For Investigation Under The Access Statute

Riker, Danzig, Scherer, Hyland & Perretti
Explore more from Riker, Danzig, Scherer, Hyland & Perretti

This case addresses site access to third-party property under New Jersey's Access Statute (N.J.S.A. 58:10B-16). The remediating party sought court-ordered access...

United StatesEnvironment
Jaan M. Haus
Jaan M. Haus
Alexa Richman-La Londe
Alexa Richman-La Londe
Steven T. Senior
Steven T. Senior
Jeffrey B. Wagenbach
Jeffrey B. Wagenbach
Marilynn Greenberg
Marilynn Greenberg
Dennis Krumholz
Dennis Krumholz
Samuel P. Moulthrop
Samuel P. Moulthrop
Michael S. Kettler
Michael S. Kettler
Jordan Asch
Jordan Asch
+1 more

What You Need to Know

  • This case addresses site access to third-party property under New Jersey's Access Statute (N.J.S.A. 58:10B-16). The remediating party sought court-ordered access to install groundwater monitoring wells, but the property owner resisted, citing redevelopment concerns.
  • The trial court granted access based on the LSRP's affidavit, which stated that redevelopment could proceed without damaging the wells if "customary care" was used. The property owner provided conflicting expert testimony about the feasibility of coexisting activities.
  • The Appellate Division overturned the trial court's decision, stating that the conflicting expert opinions required a plenary evidentiary hearing before resolution.

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