CONTRACTS
11-2-0605 Toll Brothers Inc. v. Township of West Windsor, App. Div. (per curiam) (18 pp.) In this action arising out of an agreement that defendant township entered into with intervenor-appellants to settle litigation in which they were then engaged, which stated that the parties had an interest in exchanging certain real property owned by the township that was encumbered by certain restrictions pursuant to the Green Acres Land Acquisition and Recreation Opportunities Act for property owned by the Akselrads along with a cash payment by the Akselrads, the Akselrads appeal from the dismissal of their claims against the New Jersey Department of Environmental Protection for discovery and the grant of the township's motion for summary judgment. The panel affirms the dismissal as to the DEP, finding that, under the circumstances (including that the DEP had presented employees to be deposed and had supplied the information that had been requested), the judge correctly determined that the Akselrads had not stated a claim against the DEP on which relief could be granted. The panel reverses summary judgment in favor of the township before the Akselrads had the opportunity to complete discovery, finding that the record was insufficient for the court to determine whether there were any genuine issues of material fact as to whether the township did all that was required under the agreement in seeking removal of the Green Acres restrictions, and whether the township acted in good faith and reasonably in seeking the removal of those restrictions. The panel remands for further proceedings at which the court shall consider whether the Akselrads are entitled access to documents removed from the DEP's file.
