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MARSH v. DEPT. OF ENVIR. PROTECTION

152 N.J. 137 (1997)

703 A.2d 927

MARIE MARSH, PETITIONER-RESPONDENT AND CROSS-APPELLANT, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ENVIRONMENTAL CLAIMS ADMINISTRATION, SPILL COMPENSATION FUND, RESPONDENT-APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 18, 1997.

Attorney(s) appearing for the Case

Richard F. Engel, Deputy Attorney General, argued the cause for appellants and cross-respondents (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Mark D. Oshinskie, Deputy Attorney General, on the briefs).

Craig J. Huber, argued the cause for respondent and cross-appellant (Archer & Greiner, attorneys).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the right of one who has acquired property, without knowledge of the presence on the property of hazardous substances, to seek reimbursement of the costs of remediation under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24. The Act created the New Jersey Spill Compensation Fund (Spill Fund or Fund), which provides for qualified claimants reimbursement...

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