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YONADI v. HOMESTEAD COUNTRY HOMES

35 N.J. Super. 514 (1955)

114 A.2d 564

ANTHONY J. YONADI AND HELEN YONADI, PLAINTIFFS-RESPONDENTS, v. HOMESTEAD COUNTRY HOMES, INC., HOMESTEAD SHORE & COUNTRY HOMES, INC., AND BOROUGH OF SPRING LAKE HEIGHTS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1955.

Attorney(s) appearing for the Case

Mr. Edward F. Juska argued the cause for plaintiffs-respondents.

Mr. Robert V. Carton argued the cause for defendant-appellant, Borough of Spring Lake Heights (Messrs. Durand, Ivins & Carton, attorneys).

Mr. William J. O'Hagan argued the cause for defendants-appellants, Homestead Country Homes, Inc., and Homestead Shore & Country Homes, Inc. (Messrs. Stout and O'Hagan, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by CLAPP, S.J.A.D.

This appeal has to do with the law of casual surface waters. The principal question presented (to state the case very generally) is whether a person improving a tract of land and constructing and maintaining drains therein is to be charged with liability for a resultant increase in the flow of surface water which runs off the tract upon plaintiffs' lands.

Plaintiffs own a golf course and restaurant...

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