Margit G. Novak v. County of Warren

Margit G. Novak v. County of Warren

Paula Ortega, Esq.

Margit G. Novak v. County of Warren,
Appellate Division Docket No. A-1531-16T3

The Plaintiff filed an inverse condemnation action against our client, the County of Warren, claiming that the County of Warren regulated her property into in-utility by not approving her driveway permit application fifteen years after subdivision approval.

The action was filed about twenty-five years after the initial subdivision approval. We filed a summary judgment motion to enforce an indemnity agreement that was a condition of the subdivision approval in which Plaintiff agreed that she would indemnify the County against any lawsuit arising out of or from driveway access over and across neighboring property to the County Route, statute of limitations, failure to exhaust administrative remedies and laches.

We obtained a favorable decision in the trial court granting Warren County summary judgment dismissing the Plaintiff’s case based upon the indemnity agreement. Plaintiff appealed. The Appellate Division affirmed the decision of the trial court granting summary judgment and finding in favor of our client, the County of Warren.