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MORRIS v. BOROUGH OF HALEDON

20 N.J. Super. 433 (1952)

90 A.2d 113

CHARLES T. MORRIS AND EVERETT WEAVER, PLAINTIFFS, v. BOROUGH OF HALEDON, HERBERT POTTS AND J. HENRY VITZ, TRADING AS PAINTEX BODY WORKS, HERRMANN SHEET METAL WORKS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, ARTHUR SEIBER, LAWRENCE FREUDENTHAL AND NEIL STRUYK, BUILDING INSPECTOR OF THE BOROUGH OF NORTH HALEDON, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 25, 1952.

Attorney(s) appearing for the Case

Mr. Samuel A. Wiener, attorney for plaintiffs.

Mr. Peter Hofstra (Mr. Joseph V. Fumagalli appearing), attorneys for defendant Borough of Haledon.

Mr. Edward G. Weiss, attorney for defendants Potts and Vitz, Herrmann Sheet Metal Works, Inc., and Lawrence Freudenthal.

Mr. Saul M. Mann, attorney for defendant Arthur Seiber.

GRIMSHAW, J.S.C.

The Borough of Haledon is the owner of a tract of land situate in the Borough of North Haledon, in Passaic County. On this property is a reservoir, from which comes the water supply of both boroughs. Until recently the area surrounding the reservoir was distinctly rural in character and rather sparsely settled. That condition has been changed somewhat by the construction of a development of small houses...

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