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LACEY MUN. UTIL. AUTH. v. NJ DEP

738 A.2d 955 (1999)

162 N.J. 30

LACEY MUNICIPAL UTILITIES AUTHORITY, Appellant-Respondent, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ENVIRONMENTAL CLAIMS ADMINISTRATION, SPILL COMPENSATION FUND, Respondent-Appellant.

Supreme Court of New Jersey.

Decided October 28, 1999.

Attorney(s) appearing for the Case

Mark D. Oshinskie, Deputy Attorney General, for appellant (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Mr. Oshinskie and Eric Broadway, Deputy Attorney General, on the briefs).

Jerry J. Dasti, Forked River, for respondent (Dasti, Murphy & Wellerson, attorneys).

The opinion of the Court was delivered by VERNIERO, J.

This appeal requires us to determine whether the Lacey Municipal Utilities Authority (Lacey or the Authority) may proceed with its reimbursement claims against the fund established by the New Jersey Spill Compensation and Control Act (the Spill Fund) or whether those claims are barred by the one-year statute of limitations found at N.J.S.A. 58:10-23.11k. The administrative law judge who arbitrated the claims...

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