Jeffrey and Sharon Boss, the Weinsteins, the Yokois, the Sullivans, the Kallits, the Questers, the Guilianos, the…

Summary

The Supreme Court of New Jersey held that when a dispute over an easement requires factual determinations within the special competence of the Board of Public Utility Commissioners, the trial court must refer those factual issues to the Board. Accordingly, the Court reversed and remanded the lower court's judgment, directing the trial court to obtain the Board’s findings on the necessity of the utility’s selective tree‑removal program. The Court also concluded as a matter of law that the easement language permits selective removal of trees. The decision emphasizes the doctrine of primary jurisdiction and the need for deference to specialized administrative agencies.