Braun v. Township of Mantua

KLEINER, J.S.C.

The factual history presented to this court on motion for summary judgment filed by the defendant-third-party plaintiff, Township of Mantua (hereafter Mantua), requires this court to analyze the legal responsibilities imposed upon the dominant and servient tenants of a public right-of-way and the effect of Title 59, New Jersey Tort Claims Act, N.J.S.A 59:4-1, as it may pertain to damage claims arising from the dominant tenant’s alleged failure to adhere to those recognized legal responsibilities.

This suit in lieu of prerogative writ, R. 4:69-1, was instituted by plaintiffs,…