January 22, 2021

Fishkin Lucks Prevails in Quiet Title Actions

The Firm obtained a complete dismissal on behalf of its client, a multinational energy corporation, in two quiet title actions brought in the Superior Court of New Jersey, Hudson County.  The plaintiffs in those actions argued that the Firm’s client potentially had an interest in certain properties and pipelines in which plaintiffs were seeking to quiet title.  Plaintiffs sought a judgment not only declaring their right to quiet and peaceful possession of the properties and pipelines, without encumbrance, but that their claims did not preclude them from later bringing unspecified environmental claims relating to the properties and pipelines.  In granting the Firm’s motions to dismiss the actions, the Court adopted in full the Firm’s arguments.  First, it held that the quiet title actions were moot even where the Firm’s client had previously equivocated on whether it had an interest in the subject properties and pipelines because the client ultimately disclaimed any such interest.  Second, the Court rejected plaintiffs’ attempt to obtain a judgment recognizing the viability of hypothetical future environmental claims because they amounted to impermissible requests for advisory opinions.