Mahony v. Danis

In this case the Court was called upon for the first time to declare whether an easement may be created by estoppel and, if so, under what circumstances. Those questions come within the perimeter of Rule 2:12-4, the rule setting forth guidelines governing when we should grant petitions for certification. Rule 2:12-4 provides that certification will be granted if the appeal presents a “question of general importance which has not been but should be settled by the Supreme Court” and “in other matters if the interest of justice requires.” Motivated by those criteria we granted defendants’…