Howard Davis P.C.

Case Studies

Access to Property Case Study

In one case, our client, a gas station owner, sought access to two nearby properties to install monitoring wells in accordance with a remedial workplan that had been approved by the New Jersey Department of Environmental Protection. The access requests were repeatedly denied. Thereafter, we filed a Motion for issuance of an Order to Show Cause under N.J.S.A. 58:10B-16, the “Access Statute,” requiring the property owners to show why access should be denied. The Court granted our motion, thereby allowing access to the nearby properties. The property owners appealed.

We successfully opposed the appeal, resulting in the only Appellate Division decision reported under what is commonly known as the “Access Statute.” See Tsungas Petroleum Inc. v. Rypkema, 2009 N.J. Super. Unpub. LEXIS 303 (App. Div.) (per curiam).