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STATE EX REL. BOARD OF HEALTH v. N.J. HIGHWAY AUTHORITY

26 N.J. 497 (1958)

141 A.2d 59

THE STATE OF NEW JERSEY, EX REL. THE BOARD OF HEALTH OF THE BOROUGH OF EAST PATERSON, THE BOROUGH OF EAST PATERSON, LOUIS SOGARO AND CHARLES NEBBIA, PLAINTIFFS-APPELLANTS, v. NEW JERSEY HIGHWAY AUTHORITY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 28, 1958.

Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for appellants (Mr. R. Sery Nicosia, on the brief).

Mr. Robert Shaw argued the cause for respondent (Messrs. Shaw, Pindar, McElroy & Connell, attorneys; Mr. William T. McElroy, of counsel).

The opinion of the Court was delivered PER CURIAM.

Plaintiffs filed a complaint in the Chancery Division of the Superior Court. It alleges that in constructing the Garden State Parkway the defendant Authority changed the course of Fleischer Brook for a distance of about 5,000 feet; that the realigned portion has a greater width than the original bed of the brook; that the realignment results in an increased flow of water which cannot be accommodated at the point where...

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