Zuccarelli v. State

No. A-5236-97T5 (741 A.2d 599) (N.J. Super. Ct. App. Div. December 13, 1999)

ELR Digest

The court denies a solid waste collector's application to reopen and vacate a settlement agreement entered into with a state environmental agency even though the waste flow regulations under which the agreement was reached were later declared unconstitutional. The court first holds that applying the unconstitutionality of the waste flow regulations retroactively would potentially place a tremendous burden on the judicial system in general, and on the state environmental agency in particular. Additionally, public policy strongly favors the settlement of litigation. The court next holds that a settlement agreement is a contract that should be honored absent a demonstration of fraud or other compelling circumstances, and a subsequent change in the law is insufficient to warrant the agreement's rescission.

The full text of this opinion is available from ELR (5 pp., ELR Order No. L-150).

Counsel for Appellants
Patrick D. Kennedy
Hill Wallack
50 W. State St., Trenton NJ 08607
(609) 924-0808

Counsel for Respondent
Susan J. Vercheak, Deputy Attorney General
Attorney General's Office
R.J.H. Justice Complex
25 Market St., CN-080, Trenton NJ 08625
(609) 292-4925

[30 ELR 20245]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]