Legal Opinion
Birchwood Lakes Colony Club, Inc. v. Borough of Medford Lakes
Supreme Court of New Jersey
Decided August 3, 1982PublishedCited by 70 opinions
1Opinion of the Court
The opinion of the Court was delivered by
O’HERN, J.
The central issues in this appeal are (1) whether downstream owners may recover in nuisance for injury to their property caused by the discharge of municipal sewerage, and (2) whether the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., (hereinafter TCA) applies. We hold that an action may be brought in nuisance against a public entity, and that the Tort Claims Act applies.
The history of the case is rather involved. The facts are set forth in detail in the Appellate Division opinion below. Birchwood Lakes Colony Club, Inc. v. The Borough…
2Cases cited32 opinions
- Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
- United States v. CausbySupreme Court of the United States · 1946
- City of Milwaukee v. IllinoisSupreme Court of the United States · 1981
- Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
- Arizona v. CaliforniaSupreme Court of the United States · 1963
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3Cited by70 opinions
- Ayers v. Township of JacksonSupreme Court of New Jersey · 1987
- Alan J. Cornblatt, PA v. BarowSupreme Court of New Jersey · 1998
- People Express Airlines, Inc. v. Consolidated Rail Corp.Supreme Court of New Jersey · 1985
- Rochinsky v. State of NJ, Dept. of Transp.Supreme Court of New Jersey · 1988
- Waldorf v. ShutaCourt of Appeals for the Third Circuit · 1990
65 more not listed; retrieve them via the Exa API.