Repko v. Our Lady of Lourdes Medical Center, Inc., ___ N.J. Super. ___ (App. Div. 2020). Judge Accurso’s brief opinion in this case today addressed a “question [that] appears to be one of first impression in New Jersey”: whether a decedent’s estate can apply Rule 4:9-3, the “relation back” rule, to a complaint that was not filed until after the plaintiff in the case had already died. The answer was “no.” Judge Accurso rightly observed that “the timeline is everything in this case,” so here it is. In September 2016, Carolyn Repko...

Edison Bd. of Educ. v. Edison Tp. Bd. of Adj., ___ N.J. ___ (2020). This opinion by Judge Messano today affirmed a Law Division ruing that the Edison Board of Education (BOE”), which had filed an action in lieu of prerogative writ to challenge development approvals granted by the defendant Board of Adjustment, lacked standing to do so. The Appellate Division also rebuffed a BOE argument under the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. (“OPMA”), affirming the Law Division on that issue, too (though on different grounds). Both issues implicated de novo review....

Wayne Land & Mineral Group, LLC v. Delaware River Basin Comm’n, ___ F.3d ___ (3d Cir. 2020). This opinion by Judge Fisher today involved a case in which plaintiff challenged the ability of defendant Delaware River Basin Commission “the Commission”) to regulate fracking. After one intervenor and its leader were permitted to intervene in the case in support of the Commission, three Pennsylvania state Senators sought to intervene in support of plaintiff. After a number of procedural twists and turns, the District Court ultimately denied the Senators the ability to...