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AYERS v. JACKSON TP.

202 N.J. Super. 106 (1985)

493 A.2d 1314

ROBERT AYERS, ET AL., PLAINTIFFS-RESPONDENTS-CROSS-APPELLANTS. v. TOWNSHIP OF JACKSON, DEFENDANT-APPELLANT-CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1985.

Attorney(s) appearing for the Case

H. Curtis Meanor and James Stewart argued the cause for appellant (Lowenstein, Sandler, Brochin, Kohl, Fisher, Boylan & Meanor, attorneys; H. Curtis Meanor and Michael L. Rodburg, of counsel; James Stewart and Michael L. Rodburg on the brief; James Stewart on the reply brief).

Steven J. Phillips, of the New York Bar, admitted pro hac vice and Donald I. Marlin argued the cause for respondents (Kreindler & Kreindler, of the New York Bar admitted pro hac vice, and Szaferman, Lakind, Blumstein & Watter, attorneys; Steven J. Phillips, Donald I. Marlin and Arnold C. Lakind of counsel; Steven J. Phillips and Arnold C. Lakind on the briefs).

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

The opinion of the court was delivered by ANTELL, P.J.A.D.

Between the years 1972 and 1978, unknown to the Legler area residents of Jackson Township, their well water was being contaminated by toxic pollutants leaching into the Cohansey Aquifer from a landfill operated by their municipality, defendant Jackson Township (hereinafter "defendant"). On December 20, 1978 a health emergency was declared and the Department of Environmental Protection ordered defendant to...

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