Condo’s and the Environment (NJ)

GREG RENEE MATEJEK v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION CLAREMONT HILLS PARCEL TWO CONDOMINIUM ASSOCIATION

The facts as found by the trial judge at the conclusion of a bench trial are relatively simple. Briefly, oil was discovered on the surface of a tributary to Royce Brook in Hillsborough in 2006. In response, the New Jersey Department of Environmental Protection (NJDEP) removed five underground storage tanks, one from each of five adjoining condominium units. Other than visit the site a few months later to confirm the absence of oil in the tributary, the NJDEP took no further action and its file remained open, thereby constituting, as the judge found, a cloud on title to all five condominium units.     Read the decision…………….