Gould & Eberhardt, Inc. v. City of Newark

The opinion of the court was delivered by

Wachenfeld, J.

The plaintiff seeks to enjoin the further discharge of storm and surface waters upon its property from a storm sewer system constructed and maintained by the City of Newark. An injunction was granted by the Superior Court, Chancery Division, and the defendant’s appeal to the Appellate Division is certified here on our own motion.

Prior to 1928, the city collected storm and surface drainage waters from a considerable area in the vicinity of the point where Newark and the Towns of Irvington and Hillside meet and emptied it through an outlet…