Jersey Central Power & Light Co. v. Melcar Utility Co.

N.J.S.A. 48:2-80(d), a provision appearing in the Underground Facility Protection Act (UFPA), N.J.S.A. 48:2-73 to -91, compels parties seeking monetary relief for damages to underground facilities to submit such causes of action, if valued under a specified amount, to the Office of Dispute Settlement (ODS) within the Office of the Public Defender for unspecified “dispute resolution.” On its face, the provision fails to preserve a party’s ability to have the property damage dispute remain within or return to a judicial setting. It was applied in this matter to compel the dismissal of a…