Mullen v. The Ippolito Corporation, 428 N.J. Super. 85 (App. Div. 2012). An action in lieu of prerogative writs can be used where, at common law, one of the designated prerogative writs would have been the proper basis for suit. The action in lieu of prerogative writs was developed so that parties would not be put out of court for citing the wrong writ. But the underlying writs still have vitality. This land use decision, written by Judge Fuentes, contains an extensive discussion of the writ of mandamus, under which a court can “command the performance of a public duty which ought to be performed.”
Reversing a summary judgment that was entered by the Law Division, the appellate panel found that plaintiffs had properly presented grounds for mandamus relief against the defendant Borough of Point Pleasant Beach and certain municipal officials. Those officials allegedly disregarded plaintiffs’ repeated complaints that a neighboring property owner was ignoring applicable zoning restrictions, construction codes, and dune protection ordinances, to the detriment of plaintiffs and their property. The facts are very involved, but the discussion of the remedy of mandamus is well worth reading. There are not many cases that discuss the prerogative writ of mandamus, but it can be a powerful remedy in an appropriate case. In summary, mandamus is available, Judge Fuentes stated, where there is a clear violation of a zoning ordinance that has especially affected the plaintiff, the agency or agency personnel have failed to respond to that violation despite having been notified of that violation, and there are no other adequate and realistic forms of relief available.
In reaching its decision, the panel rejected defendants’ arguments about exhaustion of administrative remedies and the 45-day statute of limitations under Rule 4:69-6. Since this case arose from municipal inaction, rather than any affirmative of the local government, there was no “realistic alternative form of administrative relief” to exhaust, and a prerogative writ suit in lieu of mandamus was proper. As to the statute of limitations, Rule 4:69-6(c) authorizes extension of the statute “in the interest of justice.” Judge Fuentes found that “the important public interest in ensuring that public officials perform their official duties diligently and with reasonable dispatch,” especially in connection with sand dunes, a “vital public resource,” justified relaxation of the statute of limitations here.
would a prerogative writ of mandamus be appropriate in a civil law (LAD)claim where case was adjudicated without evidence being produced (purposely)by either parties attorneys?
More facts would be needed to answer this fully. But if both parties, through their attorneys, proceeded as you describe, and the judge ruled on that basis, it doesn’t look like there is any basis to compel the judge to do something different.
Are civil laws, codes,rights and t stae legislation a “vitale public esource?”
Does anyone have any specific information on filing a Writ of Mandamus in NJ Superior Court? This would be for the purpose of a citizen prosecuting a township for failure to enforce its own ordinance.
Hello, the town I live in has an ordinance 24-12 where any monies collected by recreation in the form of fees much be turned over and managed by the town’s CFO.
As a resident I want to be sure that the money I am handing over is properly spent and those spending the money are held accountable.
For decades, the town has allowed the head of each sport control the monies collected and they spend the monies as they see fit.
I have complained to the town on several occasions and have asked them to enforce their own laws which they refuse to.
In the past I have heard of the heads of sports retiring as the head and keeping these monies instead of turning them over to the next head of the sport which is wrong and deprives the kids of needed equipment.
Can I file a Writ of Mandamus to force the town to enforce their own law?
Thanks
Tony
Does mandamus against superior court in criminal case should be filed with the appellate division?
Hi,
I would like to file a Writ of Mandamus for a delay on an Employment based I-485 case for myself and my wife. Please let me know your fee for filing the same.
Thanks
Deepak
An Action in Lieu of Prerogative Writs lies to address a Superior Court’s failure to rule in many states and at the federal level. If a New Jersey Superior Court judge fails or refuses to issue a final judgement appealable as of right there is no adequate remedy at law such as a normal appeal.Is mandamus not available in New Jersey to address a court’s inaction not just that of an administrative agency?
Do I have any legal remedy if a NJ family Court ignoreda NY family court decision based on the same facts and circumstances. The appeallate court denied my appeal in July 2020 during the Covid outbreak because I could not get my transcripts timely submitted. Then the Supreme Court of NJ dismissied the case without explanation. Can a Writ of Mandamus force the lower court to vacate its decision?