ENVIROFINANCE GROUP, LLC AND EARTHMARK NJ KANE
MITIGATION, LLC VS. ENVIRONMENTAL BARRIER COMPANY, LLC
A-2475-12T4/A-6202-12T3(CONSOLIDATED)
In this complex litigation, plaintiff EFG, provided
construction financing to plaintiff Earthmark, to develop an
municipalities and the unions that represent police
environmental
Meadowlands
contractor,
leasehold interest in the project when payment was not made. Defendant later moved for a default judgment against Earthmark and EFG attempted to oppose the motion. We concluded, as did the trial judge, EFG's secured creditor status was not a sufficient financial stake in the outcome to confer standing to
Meadowlands
contractor,
leasehold interest in the project when payment was not made. Defendant later moved for a default judgment against Earthmark and EFG attempted to oppose the motion. We concluded, as did the trial judge, EFG's secured creditor status was not a sufficient financial stake in the outcome to confer standing to
mitigation bank on wetlands owned by the
Conservation Trust. Defendant, the primary
filed construction liens against Earthmark's
challenge the nature and amount of obligations between Earthmark
and defendant. EFG had the opportunity but chose not to invoke
provisions of its financing agreements allowing it to assume
Earthmark's role in the project.
Also examined were respective contract and equitable relief claims, including whether the construction liens were barred by the public works exception of N.J.S.A. 2A:44A-5(b). We upheld the liens, determining they did not attach to the public property, but to Earthmark's private leasehold interest.
Also examined were respective contract and equitable relief claims, including whether the construction liens were barred by the public works exception of N.J.S.A. 2A:44A-5(b). We upheld the liens, determining they did not attach to the public property, but to Earthmark's private leasehold interest.
