Phoenix Pinelands Corp. v. Davidoff, ___ N.J. Super. ___ (App. Div. 2021). Today’s opinion by Judge Accurso in this case clocked in at 175 pages. It is the longest opinion of the current Term and may be the longest opinion issued by the Appellate Division since this blog began. Here are the first few paragraphs of the opinion, which amply summarize what followed: “The State of New Jersey, Department of Environmental Protection, appeals from a final judgment in this quia timet and ejectment action divesting it of its title to seven parcels of land in the Preservation Area of the...

Huggins v. Aquilar, ___ N.J. ___ (2021). Rarely does a dissenting opinion in one case form the basis for a majority opinion (in fact, a unanimous opinion) in a subsequent decision by the same court. But that is essentially what happened in this opinion, issued today. Written by Justice LaVecchia, the decision draws heavily on her dissent in Engrassia v. Uzcategui, 237 N.J. 373 (2019). The majority dismissed that case as moot because the parties had settled the case after oral argument. The majority there thus did not reach the merits. But the issue there recurred in today’s case. These...

New Jersey Transit Corp. v. Certain Underwriters at Lloyd’s London, ___ N.J. ___ (2021). As summarized here, this was an insurance coverage dispute arising out of Superstorm Sandy. New Jersey Transit sought coverage for damages up to the $400 million policy limit, rather than being limited to a $100 million sublimit in the policies. The Law Division, acting on cross-motions for summary judgment, held for New Jersey Transit. The Appellate Division affirmed in an opinion reported at 461 N.J. Super. 440 (App. Div. 2019). The Supreme Court granted review, and today the Court unanimously...