February 13, 2009
TSUNGAS PETROLEUM, INC., PLAINTIFF-RESPONDENT,
HAROLD RYPKEMA AND REGINA JALAKH, DEFENDANTS/THIRD-PARTY PLAINTIFFS-RESPONDENTS,
SALVATORE DELLOMO AND TED COHEN, THIRD-PARTY-DEFENDANTS-APPELLANTS.
On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Docket No. L-4092-07.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: January 22, 2009
Before Judges Fisher and King.
This case concerns plaintiff's right of access to defendants' two properties in Clifton for installation of environmental wells and testing. This appeal was pursued by the third-party defendants, tenants of the property owner, who also have a future interest under a lease-purchase agreement. We agree with the judge that on this record "the plaintiffs have presented a prima facie application entitling them to obtain access to 250 and 264 Clinton Avenue for the purpose of siting wells on those properties to determine whether or not there exists contamination on the subject properties." The controlling statute requires a showing of "reasonable possibility" of contamination. N.J.S.A. 58:10B-16(b)(1). The record amply supports the conclusion of the judge that this modest statutory threshold has been met. We affirm for the reasons given by Judge DeLuccia in his oral opinion of February 4, 2008. R. 2:11-3(e)(1)(A).
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