Mt. Hope Development Associates, Eaj, Inc., and Hundal Corporation, Plaintiffs-Appellants v. Mt. Hope Waterpower…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s dismissal of the plaintiffs’ appeal, holding that the Alternative Procedure for Dispute Resolution Act (APDRA) validly waives the constitutional right to appeal and does not infringe the Court’s rulemaking authority. The Court reasoned that the statute’s waiver language is clear, the parties knowingly agreed to it, and the Act is a voluntary procedural scheme that does not limit the Court’s constitutional powers. Justice Stein, in a concurrence‑in‑part/dissent‑in‑part, argued that the waiver was not explicit and that appellate review should be allowed.