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STANLEY DEVELOPMENT CO. v. MILLBURN TP.

26 N.J. Super. 328 (1953)

97 A.2d 743

STANLEY DEVELOPMENT CO., A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF MILLBURN, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 1953.

Attorney(s) appearing for the Case

Mr. Samuel J. Zucker argued the cause for plaintiff-appellant (Messrs. Sandles & Sandles, attorneys).

Mr. Reynier J. Wortendyke, Jr., argued the cause for defendant-respondent.

Before Judges GOLDMANN, SMALLEY and SCHETTINO.

The opinion of the court was delivered by SCHETTINO, J.A.D. (temporarily assigned).

Plaintiff Stanley Developing Company acquired title to property on Cypress Street in the Township of Millburn on October 1, 1948. Plaintiff alleges that in 1921 the township installed a sanitary sewer along Cypress Street and thereafter installed a storm sewer which it so located as to prevent access from the property to the sanitary...

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