The Supreme Court announced late yesterday that it has granted certification in three cases. Two of the matters produced published opinions in the Appellate Division.
The first of those is New Jersey Land Title Ass’n v. Rone. The question presented on that appeal, as phrased by the Supreme Court Clerk’s office, is “May a county register or clerk charge a ‘convenience fee’ for the electronic filing of documents concerning real property?” The Appellate Division, in an opinion that was reported at 458 N.J. Super. 123 (App. Div. 2019) and discussed here, held that the fee in question was not authorized by statute or otherwise.
The second matter in which the Court will review a published opinion, reported at 457 N.J. Super. 539 (App. Div. 2019), is Skuse v. Pfizer, Inc. The Appellate Division’s decision was discussed here. The question presented to the Court is “Did the parties enter into a valid agreement to arbitrate plaintiff’s claims under the circumstances presented, including defendant’s use of a training module to present the company’s mandatory binding arbitration policy, among other factors?” The Appellate Division found the arbitration agreement invalid.
Finally, the Court will consider Shipyard Associates, L.P. v. City of Hoboken. [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented the City of Hoboken in a different litigation with Shipyard that does not bear on the case that the Court will hear]. The question presented there is “Were the ordinances at issue zoning ordinances subject to the Municipal Land Use Law, and if so, were they exempt from N.J.S.A. 40:55D-52(a) because they relate to public health and safety?” In an unpublished opinion by a three-judge panel, the Appellate Division affirmed a summary judgment in favor of Shipyard. Now, at the request of the City, the Supreme Court will hear the case.