Shortcut Blocked

Washington Commons, LLC v. City of Jersey City, 416 N.J. Super. 555 (App. Div. 2010).  Where two prior lawsuits between the parties were already finally concluded, and no case was currently pending, a city could not enforce a condition on a zoning approval by filing a motion.  A complaint supported by appropriate papers was required.  Accordingly, the trial court’s grant of the motion was reversed.  On the facts, however, it appeared to the court, in an opinion by Judge Parrillo, that the case could be handled summarily under Rule 4:67 if the city filed a new complaint.

Two other legal principles are discussed in this case.  First, there is a good treatment of “law of the case.”  Second, the opinion states that a lower court’s interpretation of Court Rules is reviewed de novo, just as any ruling of law is reviewed.