Supreme Court Will Review PERC, Foreclosure, and Statute of Limitations Cases

The Supreme Court announced that it has granted review in three civil cases (not to mention several more criminal cases, which will not in fact be mentioned here).  The first grant is from a published opinion of the Appellate Division, In re County of Atlantic, 445 N.J. Super. 1 (App. Div. 2016).  That ruling, which involved two consolidated cases, was discussed here.  The question presented to the Supreme Court there, as phrased by the Supreme Court Clerk’s Office, is “Did the Public Employment Relations Commission (PERC) properly decline application of the dynamic status quo doctrine, which would have required the automatic payment of incremental salary increases?”

In GMAC Mortgage, LLC v. Willoughby, the Court granted review of the following question: “In this matter concerning a foreclosure settlement derived through mediation, did defendant fail to accept plaintiff’s offer of loan modification, among other issues?”  The Appellate Division ruled against the mortgagor in an unpublished opinion.

The third case, The Palisades at Fort Lee Condominium Ass’n, Inc. v. 100 Old Palisades, LLC, is another of the many statute of limitations cases that the Court frequently faces, but with a Condominium Act wrinkle thrown in.  The question presented there, as phrased by the Clerk’s Office, is “Did the six-year statute of limitations begin to run when this construction project was deemed to be substantially complete, or did plaintiff’s causes of action accrue on a date after the unit owners took control of the governing Board?”  In an unpublished opinion, the Appellate Division found accrual as of that latter date.