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LYONS v. TOWNSHIP OF WAYNE

888 A.2d 426 (2005)

185 N.J. 426

Timothy P. LYONS and Michele Lyons, Plaintiffs-Appellants, v. TOWNSHIP OF WAYNE and George Holzapfel, Township Engineer and Director of Public Works, Defendants-Respondents, and John Doe, Developer, Defendant.

Supreme Court of New Jersey.

Decided December 28, 2005.

Attorney(s) appearing for the Case

John Vincent Saykanic, Clifton, argued the cause for appellants.

Robert L. Podvey argued the cause for respondents (Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, attorneys; Steven R. Tombalakian, Newark, on the letter in lieu of brief).

Timothy P. Lyons and Michele Lyons submitted a brief, pro se.

Justice ZAZZALI delivered the opinion of the Court.

In this appeal, the Court must determine whether municipal defendants can be held liable under the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:8-1 to -11, for increased flooding on plaintiffs' property. Plaintiffs allege that the flooding was caused by storm water runoff that originated on municipal property or was channeled onto plaintiffs' property by structures that the municipality erected, assertions...

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