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BIRCHWOOD LAKES COLONY CLUB v. MEDFORD LAKES

90 N.J. 582 (1982)

449 A.2d 472

BIRCHWOOD LAKES COLONY CLUB, INCORPORATED, PLAINTIFF-RESPONDENT, v. BOROUGH OF MEDFORD LAKES, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 3, 1982.

Attorney(s) appearing for the Case

Edward A. Kondracki argued the cause for appellant (Davis & Reberkenny, attorneys).

Matthew R. McCrink argued the cause for respondent (McCrink & Nelson, attorneys).

Jerry Fischer, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Alfred A. Porro, Jr. submitted a brief on behalf of amicus curiae Authorities Association of New Jersey.

William L. Forester submitted a brief on behalf of amicus curiae New Jersey Institute of Municipal Attorneys (Gant & Forester, attorneys).

The opinion of the Court was delivered by O'HERN, J.

The central issues in this appeal are (1) whether downstream owners may recover in nuisance for injury to their property caused by the discharge of municipal sewerage, and (2) whether the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., (hereinafter TCA) applies. We hold that an action may be brought in nuisance against a public entity, and that the Tort Claims Act applies.

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