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...

Board of Education of East Newark v. Harris, ___ N.J. Super. ___ (App. Div. 2021). Rule 2:8-3(b) allows the Appellate Division to decide appeals summarily without notice to the parties. Though that relief is often sought, it is not often granted. In some election cases, however, the Appellate Division has issued summary decisions. This ruling by Judge Accurso is the latest example of that. The case arose out of efforts by the plaintiff Board of Education to reclassify its school district from Type I, in which Board members are appointed annually by the Mayor to rotating terms, to Type II,...

The Bank of New York Mellon v. Corradetti, ___ N.J. ___ (2021). As discussed here, this case came before the Supreme Court on an appeal as of right, based on a dissent in the Appellate Division. The issue was whether the evidence at trial established that defendants’ signatures on a note and mortgage documents on which this foreclosure action was based were forgeries. After a bench trial, the Chancery Division declined to enforce the mortgage, holding that defendants had demonstrated forgery. The Appellate Division majority found the evidence of forgery sufficient, but Judge Accurso,...