01-2-4636 In re Amendments to Water Quality Management Plans , App. Div. (19 pp.) In this appeal by four public bodies that are authorized to collect waste water for treatment and discharge into the Passaic River Basin from the Department of Environmental Protection’s adoption of amendments to certain water quality management plans, the panel upholds the validity of the amendments establishing phosphorus limits in the Passaic River basin in all respects except that it remands for an evidentiary hearing to determine the appropriateness of seasonal limits on the phosphorus content of such discharges upstream of the Wanaque Reservoir diversion point. [Decided July 21, 2009.]
ARBITRATION AND MEDIATION — ATTORNEYS’ FEES
03-2-4654 Khoury v. Ghoul , App. Div. (per curiam) (18 pp.) This appeal arises out of litigation between two former business partners, which was referred to a private arbitrator. After the arbitration was partially completed, plaintiff voluntarily dismissed his claims on certain specified conditions. Defendant then sought to recover counsel fees, contending that he had been forced to defend a frivolous complaint. The appellate panel affirms the trial court’s denial of defendant’s fee application, concluding that the trial court did not misapply the law, nor did it abuse its discretion, in rejecting defendant’s motion. Although plaintiff’s claims of financial harm may have been exaggerated, they were not shown to be “completely untenable” and plaintiff’s claims for monetary redress were not patently unfounded. [Decided July 22, 2009.]
