Boss v. Rockland Elec. Co

In Boss v. Rockland Elec. Co., 95 N.J. 33, 40, 468 A.2d 1055 (1983), which concerned a utility easement across private property, the Court found that the question of how much tree removal within the easement was required for the utility to provide safe and reliable service, while at the same time avoiding an infringement of the property-owner's rights which would amount to a taking, was a contested factual issue within the Board's expertise. 95 N.J. at 41-42, 468 A.2d 1055. The Court remanded for the trial court to refer that question to the Board for "fact finding," and then to apply the Board's findings "against the legal issues to be resolved" in reaching a final decision. Ibid.