X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued June 4, 2001

In these back-to-back appeals, consolidated for the purpose of this opinion, Five Mile Beach Electric Railway Co., Inc. (“FMB”) appeals orders of the Commissioner of the New Jersey Department of Transportation (“DOT”) dismissing its petitions and denying all relief it requested. FMB operates bus lines in Cape May County, including a trackless trolley service between Cape May City and the terminal of the Cape May-Lewes Ferry, which is operated by the Delaware River and Bay Authority (“DRBA”). In 1996, New Jersey Transit (“NJT”), acting in cooperation with the DRBA, authorized a competitor of FMB, Lion Corporation (“Lion”), to operate this same route. The subject of one of FMB’s appeals (A-4808-99T1) arises from its 1996 petition to the DOT alleging the NJT route created destructive competition, and its motion in 1999 to amend that petition to further allege that the DRBA’s refusal to allow FMB’s trolleys to stop at the ferry terminal and other conduct constituted additional acts of destructive competition by the DRBA. The subject of FMB’s other appeal (A-4916-99T1) arises from its 2000 petition to the DOT, claiming the DRBA wrongly denied FMB access to the ferry terminal. The DOT dismissed the 1996 petition and denied the motion to amend it on the ground that NJT had exclusive jurisdiction and the DOT lacked jurisdiction. The DOT dismissed the 2000 petition on the ground of res judicata. On appeal, FMB argues the DOT did have jurisdiction over these matters and should not have dismissed. We disagree and affirm.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

African Legal Awards (AFLA) 2022

September 02, 2022
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

China Law & Practice Awards (CLPA) 2022

September 08, 2022
Beijing

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.


Learn More

Texas Legal Awards (TXLA) 2022

September 14, 2022
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

TAX ASSOCIATE - HARTFORD OR STAMFORD OFFICE


Shipman & Goodwin LLP is seeking a tax lawyer with one to three years of experience in corporate and partnership tax law to join our Tax...


Apply Now ›

NOTICE OF VACANCY -JUVENILE COURT JUDGE-GEORGIA


The Superior Court of Fulton County, Atlanta JudicialCircuit is soliciting applicants for the appointment of a full- time circuit-wide juven...


Apply Now ›

PARALEGAL - NEW YORK


Downtown A/V rated Plaintiff's personal injury law firm seeks paralegal with experience in pleadings, motions, discovery, calendar, mediatio...


Apply Now ›

MONTGOMERY MCCRACKEN WALKER & RHOADS LLP

08/15/2022
NJLJ Web

Montgomery McCracken Walker & Rhoads LLP wants to announce the Happy Retirement, Honorable Joel Rosen!


View Announcement ›

DEASEY, MAHONEY & VALENTINI, LTD.

08/08/2022
TLI Web

DEASEY MAHONEY & VALENTINI LTD is proud to announce that Lauren M. Steins and Leanna B. Ruotanen have been named Partners of the firm.


View Announcement ›

PARRETT, PORTO, PARESE & COLWELL, P.C.

08/08/2022
CLT Web

Parrett, Porto, Parese & Colwell, P.C. welcomes attorneys Alison L. Broad and Andrew I. Schaffer as principals of the firm.


View Announcement ›