TREE REALTY, INC. v. DEPARTMENT OF TREASURY


205 N.J. Super. 346 (1985)

500 A.2d 1075

TREE REALTY, INC., APPELLANT, v. DEPARTMENT OF TREASURY; SPILL COMPENSATION FUND OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1985.


Attorney(s) appearing for the Case

Gordon & Gordon, attorneys for appellant (Michael Gordon, on the letter brief).

Irwin I. Kimmelman, Attorney General, attorney for respondent (James J. Ciancia, Assistant Attorney General, of counsel; Karen L. Suter, Deputy Attorney General, on the brief).

Before Judges PRESSLER, BRODY and COHEN.


PER CURIAM.

Appellant submitted a claim to the Spill Compensation Fund under the Spill Compensation and Control Act for damages caused by discharge of hazardous substances on its land. N.J.S.A. 58:10-23.11 et seq. The Fund denied the claim and refused to try to settle it or submit it to arbitration. Its thesis was that appellant was owner of the property; the discharger was its lessee; appellant was therefore...

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