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CITY OF GARFIELD v. BOROUGH OF EAST PATERSON

47 N.J. 195 (1966)

219 A.2d 865

CITY OF GARFIELD, A MUNICIPAL CORPORATION OF NEW JERSEY, AND PETER MONEGO AND ERVIN R. McDADE, PLAINTIFFS-APPELLANTS, v. THE BOROUGH OF EAST PATERSON, A MUNICIPAL CORPORATION OF NEW JERSEY, INTERBOROUGH ASSOCIATES, INC., A CORPORATION OF NEW JERSEY, CENTRAL BERGEN ASSOCIATES, A CORPORATION OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 23, 1966.

Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for appellants (Messrs. Chandless, Weller & Kramer, attorneys).

Mr. Avrom J. Gold, Assistant Attorney General, argued the cause for respondent Dwight R.G. Palmer (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. George J. Kenny argued the cause for respondent New Jersey Highway Authority (Messrs. Pindar, McElroy, Connell & Foley, attorneys).

Mr. Anthony D. Andora argued the cause for respondent Borough of East Paterson (Messrs. Andora and Baron, attorneys).

Mr. Nelson G. Gross, County Counsel, argued the cause for respondent County of Bergen.

Mr. Irving I. Rubin argued the cause for respondent Central Bergen Associates.

The opinion of the court was delivered PER CURIAM.

This case involves the periodic flooding of Fleischer's Brook, a natural watercourse originating in Fair Lawn and emptying into the Passaic River. The trial court found that plaintiffs failed to establish a basis for relief. We certified their appeal before argument in the Appellate Division.

None of the defendants is charged with bringing to Fleischer's Brook water which would go elsewhere. Rather the picture...

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