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Awaiting the New Jersey Supreme Court decision on Morristown Associates vs. Grant Oil. Key decision on statute of limitations for Spill Act recovery/contribution action

Tuesday, June 3rd, 2014 admin

The New Jersey State Supreme Court will soon decide whether a  six (6) year statute of limitations applies for Spill Act contribution/recovery actions- and at what point does the statute of limitations begin to toll.   Lawyers, developers, property owners, and the business community are awaiting the Supreme Court’s ruling in Morristown Associates v. Grant Oil Company, et. al.  Decided last year (August 23, 2013), the state Appellate Division held that the general six-year statute of limitations applicable to damage to property similarly applies to a private claim for contribution pursuant to the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11  et seq.

The Supreme Court’s decision  will likely impact  current  (and future) environmental cost recovery/contribution actions in state court. Additionally, the High Court’s decision may impact the way developers and redevelopers assess and value the purchase of brownfields  and environmental contaminated properties. The August 23, 2013 Appellate Division can be found here.morristown-v-grant oil. app div

 

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