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MARLEY v. PALMYRA BOR.

193 N.J. Super. 271 (1983)

473 A.2d 554

WILLIAM MARLEY, PLAINTIFF/COUNTER DEFENDANT, v. BOROUGH OF PALMYRA, DEFENDANT/COUNTER PLAINTIFF, THIRD PARTY PLAINTIFF, v. SELECTED RISKS INS. CO., THIRD PARTY DEFENDANT/SECOND PARTY PLAINTIFF, v. WILLIAM MARLEY, SECOND PARTY DEFENDANT/THIRD PARTY PLAINTIFF ON THE COUNTERCLAIM, v. BOROUGH OF PALMYRA, GRACE A. CARR, HELEN COLES AND JOHN W. SACCA, JR. INDIVIDUALLY AND IN THEIR INDIVIDUAL CAPACITIES; JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, THIRD PARTY DEFENDANTS ON THE COUNTERCLAIM, v. THE BANK OF NEW JERSEY, FOURTH PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Burlington County.

Decided September 7, 1983.

Attorney(s) appearing for the Case

John F. Pilles, Jr., Mount Holly, for plaintiff/counter defendant (Hartman, Schlesinger, Schlosser & Faxon, Mount Holly, attorneys).

Bernard F. Boglioli, West Long Branch, for third party defendant/second party plaintiff Selected Risk Ins. Co. (Boglioli & Stein, West Long Branch, attorneys).

Richard E. Gehret, Mount Holly, for third party defendant on counterclaim Sacca.

Janet Miller, Mount Holly, for third party defendants on counterclaim Carr and Coles (James Logan, Jr., Mount Holly, attorney).

Morton R. Branzburg, Westmont, for fourth party defendant Bank of New Jersey (Fellheimer, Eichen & Goodman, Westmont, attorneys).

Barry T. Parker, Marlton, for third party defendant on counterclaim Borough of Palmyra (Parker, McCay & Criscuolo, Marlton, attorneys).

HAINES, A.J.S.C.

This opinion considers the application of the New Jersey Tort Claims Act (the act) to claims, counter-claims and cross-claims involving the Borough of Palmyra, four of its employees and its bonding company, Selected Risks. The provisions of the act primarily involved are those which establish immunity for law enforcement actions and for failure to enforce the law.

The Palmyra Borough Council adopted a water conservation program providing for...

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