N.J. Appellate Division Decision Underscores Need for a Hearing to Resolve Factual Disputes
On November 14, 2024, the New Jersey Appellate Division issued a decision in Beazer East, Inc. v. Morris Kearny Associates Urban Renewal, LLC, reversing the lower court which had ordered Defendant Morris Kearny Associates Urban Renewal, LLC (“Morris”) to give access to its site in Kearny (“Site”) to Plaintiff Beazer East Inc. (“Beazer”) in order for Beazer to remediate contaminated groundwater at the Site pursuant to the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 to -23.24, and the Hazardous Discharge Site Remediation Act, N.J.S.A. 58:10B-1 to -31. Beazer had sought access to a portion of the Site to install two groundwater-monitoring wells. Morris denied the request, claiming that Beazer’s installation of the wells would interfere with Morris’ contractual obligation to construct site improvements and warehouses on its property in furtherance of a commercial redevelopment project. After subsequent negotiations to obtain access were unsuccessful, Beazer filed a summary action seeking access to the Site under the New Jersey Access Statute, N.J.S.A. 58:10B-16, which allows a remediating party to obtain a court order on an expedited basis permitting “reasonable access” to a property if “after good faith efforts, the person undertaking the remediation and the property owner fail to reach an agreement concerning access.” N.J.S.A. 58:10B-16(a)(1). In support of its order to show cause seeking...