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CITY OF PASSAIC v. CITY OF CLIFTON

14 N.J. 136 (1953)

101 A.2d 530

CITY OF PASSAIC, A MUNICIPAL CORPORATION, PLAINTIFF-APPELLANT, v. CITY OF CLIFTON, A MUNICIPAL CORPORATION, AND DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT OF THE DIVISION OF WATER POLICY AND SUPPLY OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 21, 1953.

Attorney(s) appearing for the Case

Mr. William N. Gurtman argued the cause for appellant.

Mr. Mervyn R. Montgomery argued the cause for respondent City of Clifton (Mr. John G. Dluhy, attorney).

Mr. Thomas P. Cook argued the cause for respondent Division of Water Policy and Supply (Mr. Theodore D. Parsons, Attorney-General of New Jersey, attorney).

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

This appeal of the City of Passaic, certified here of our own motion, is from a resolution of the Division of Water Policy and Supply denying a petition which sought to have the Division impose conditions upon permits issued to the City of Clifton authorizing the construction of a box culvert in MacDonald Brook, a tributary of the Passaic River.

MacDonald Brook is a natural stream flowing...

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