Wilmont Homes, Inc. v. Weiler

Wolcott, Justice.

This is an appeal from a final judgment of the Vice Chancellor ordering the abatement of the nuisance of periodic flooding of the plaintiffs’ land by surface waters, the abatement to be accomplished in accordance with a certain engineering plan.

The plaintiffs are five families, each of which purchased a house and lot in Colonial Woods, a housing development of defendant, Wilmont Homes, Inc. The separate purchases of the plaintiffs were made as the result of an inspection of a sample house and the lot on which it was erected. The Vice Chancellor found as a fact that the…