This case arises out of the development of a solar energy power plant on land in Tinton Falls leased by private parties from the United States Department of the Navy at Naval Weapons Station Earle (NWS Earle).
Under Article I, Sec. 8, par. 17 of the United States Constitution, the land on which NWS Earle is located became a federal enclave in 1947 when the Governor of New Jersey ceded jurisdiction to the United States. As a result, any activities on NWS Earle, located on federal land, are free from regulation by any state or locality.
The majority of the electricians working on the project were members of plaintiff International Brotherhood of Electrical Workers Local 400 (IBEW). IBEW contended Tinton Falls was responsible for the issuance of permits and conducting inspections. The municipality and the New Jersey Department of Community Affairs (DCA) informed IBEW that state laws did not apply to federal territory. The federal government had the exclusive right to regulate its properties.
IBEW instituted suit against Tinton Falls and the DCA. IBEW did not sue the federal government. The trial court granted defendants' motions to dismiss because the federal government was a necessary party to the action and the state court lacked jurisdiction over the federal enclave.
The court affirmed. In addition to being the lessor of the property, the Navy was involved in every aspect of the construction project. The action could not be adjudicated without the joinder of the federal government required under Rule 4:28-1.
The court also found that any amendment to the complaint to join the federal government would be futile because the federal district courts have exclusive jurisdiction over the federal government and the Navy as a military branch. Therefore, the United States cannot be joined as a party in the state court suit. Because the trial court lacked jurisdiction over the federal government, the judge could not address or interpret the applicable contract. As there were no state claims left to adjudicate in the trial court , the complaint was properly dismissed under Rule 4:6-2 (a), (e), and (f).