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VOL. 2, NO. 166 DECISIONS RELEASED SEPTEMBER 23, 1994 CIVIL PROCEDURE 07-2-4016 Deogracia Albarran, et al. v. Joseph J. Lukas, et al., App. Div. (5 pp.) Where plaintiffs’ counsel moved to reinstate a complaint that had been dismissed with prejudice almost two years earlier for failure to answer interrogatories, trial court erred in granting the second motion to reinstate the complaint, (1) since counsel failed to meet the time requirements of Rules 4:49-2, 2:4-1(a) or 4:50, the court lacked the jurisdiction, and (2) the dismissal was an adjudication on the merits. GOVERNMENT 21-2-4017 Higg-a-Rella, Inc., et al. v. County of Essex, et al., App. Div. (10 pp.) County taxation board is required to provide an electronic copy, not just a paper copy, of county property tax assessment lists, since under common law electronic records are public records. LAND USE 26-2-4018 Daniel Senico and John Linnington v. New Jersey Dep’t of Envtl. Protection and Energy, App. Div. (6 pp.) Where developers who had a obtained preliminary approval for sewer tie-ins challenged township’s ordinance, which prohibited further sewer tie-ins within wetlands, appellate court upheld the ordinance, since the sewer “consistency determination” was conditional and the ordinance did not impact on the developers’ rights. -

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