Connell Foley Scores Appellate Division Win in Environmental Rights Act Case

12.27.2023
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Richard DeAngelis persuaded the New Jersey Appellate Division to affirm the trial court’s grant of summary judgment in favor of Connell Foley’s clients, Carant Limited Partnership and Anthony Pio Costa, III, dismissing with prejudice West Caldwell Township’s complaint brought under the NJ Environmental Rights Act (ERA). 

The Township alleged violations of the Solid Waste Management Act, Flood Hazard Area Control Act and local ordinance relating to Carant’s use of recycled asphalt millings for the construction of a parking lot for a proposed mixed-use development. In affirming, the appellate court stated that there was no basis to disturb the orders on appeal based on the trial court’s detailed analysis of the ERA claims and in consideration of the active involvement in the matter by the New Jersey Department of Environmental Protection in investigating complaints arising from Carant’s use of its property.

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