Adoni Property Group, LLC v. Township of Middletown

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0445-24

ADONI PROPERTY GROUP, LLC,

Plaintiff-Respondent,

v.

TOWNSHIP OF MIDDLETOWN and MAYOR AND COUNCIL OF THE TOWNSHIP OF MIDDLETOWN,

Defendants-Respondents,

and

TOWNSHIP OF HOLMDEL,

Defendant/Intervenor-Appellant. __________________________________

Submitted October 29, 2025 – Decided November 18, 2025

Before Judges Currier and Smith.

On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. A-1260-23.

King, Moench & Collins, LLP, attorneys for appellant (Michael L. Collins, of counsel and on the briefs; Nicholas D. Hession, on the briefs). Wilentz, Goldman & Spitzer, PA, attorneys for respondent Adoni Property Group, LLC (Donna M. Jennings, of counsel and on the brief; Anthony J. Zarillo, III, on the brief).

PER CURIAM

We were informed, prior to the scheduled appellate oral argument, that

the complaint, filed April 21, 2023, and the amended complaint, filed December

1, 2023, in the matter of Adoni Property Group, LLC v. Township of

Middletown and Mayor and Council of the Township of Middletown, Docket

No. L-1260-23, were dismissed by the parties, effective October 28, 2025. The

above-referenced parties have settled the underlying lawsuit which gave rise to

this appeal.

We note that Intervenor-Appellant Township of Holmdel (Holmdel)

appealed the trial court's order of October 3, 2024, which denied Holmdel's third

motion to intervene pursuant to Rule 4:33.

An issue is moot if the decision "can have no practical effect on the

existing controversy.” Brehme v. Irwin, 259 N.J. 505, 511 (2025) (quoting In

re Proposed Constr. of Compressor Station (CS327), 258 N.J. 312, 327 (2024))

(internal quotation marks omitted). Generally, "courts should not decide cases

where a judgment cannot grant relief." In re Appeal of the Denial of R.W.T.,

477 N.J. Super. 443, 476 (App. Div. 2023) (quoting Marjarum v. Twp. of

A-0445-24 2 Hamilton, 336 N.J. Super. 85, 92 (App. Div. 2000)). Because the parties have

now settled the underlying litigation in which Holmdel sought to intervene, any

decision made by this court at this stage of the proceeding "can have no practical

effect on the existing controversy." Brehme, 259 N.J. at 511. It follows that

Holmdel's appeal of the trial court's October 3, 2024 order denying intervention

is now moot.

Accordingly, the appeal is dismissed, in its entirety, with prejudice and

without cost.

A-0445-24 3