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MT. HOPE DEV. ASSOC. v. MT. HOPE WATERPOWER PROJECT, L.P.

154 N.J. 141 (1998)

712 A.2d 180

MT. HOPE DEVELOPMENT ASSOCIATES, EAJ, INC., AND HUNDAL CORPORATION, PLAINTIFFS-APPELLANTS, v. MT. HOPE WATERPOWER PROJECT, L.P., MT. HOPE MINING COMPANY, INC., HALECREST COMPANY, MT. HOPE HYDRO INC., MT. HOPE PROPERTIES, INC., KVAERNER HYDRO POWER, INC. AND PAUL RODZIANKO, DEFENDANTS-RESPONDENTS, AND ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-RESPONDENT, AND ABB GENERATION, INC. AND JOHN DOE CORP., NOS. 1 THROUGH 10, DEFENDANTS, AND ANGELO CALI, ASHFAQ AHMAD AND IQBAL AHMAD, ADDITIONAL DEFENDANTS ON THE COUNTERCLAIM.

The Supreme Court of New Jersey.

Decided June 2, 1998.

Attorney(s) appearing for the Case

Peter R. Bray argued the cause for appellants (Bray, Choicca, Rappaport & Rothstadt, attorneys).

Dean A. Gaver argued the cause for respondents (Hannoch Weisman, attorneys).

Robert H. Stoloff, Assistant Attorney General, argued the cause for intervenor-respondent (Peter Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

The opinion of the Court was delivered by GARIBALDI, J.

At issue in this case is whether the Alternative Procedure for Dispute Resolution Act (the "APDRA"), N.J.S.A. 2A:23A-1 to — 19, infringes on an individual's constitutional right to appeal and on this Court's constitutional rulemaking authority. The issue arises in the context of an umpire's award in a complex real estate contract dispute. The Chancery Division confirmed that award. The Appellate...

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