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WOODSUM v. PEMBERTON TP.

172 N.J. Super. 489 (1980)

412 A.2d 1064

RICHARD WOODSUM AND JUDITH WOODSUM, HIS WIFE, PLAINTIFFS, v. TOWNSHIP OF PEMBERTON, A MUNICIPAL CORPORATION OF THE STATE OF N.J., MUNICIPAL UTILITIES AUTHORITY OF THE TOWNSHIP OF PEMBERTON; HAROLD C. GRIFFIN, MAYOR, TOWNSHIP OF PEMBERTON, FRED DETRICK, HAROLD GRIFFIN, CHARLES JONES, ELMER D'IMPERIO AND ANTHONY ZOPPINA, AS MEMBERS OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PEMBERTON AND INDIVIDUALLY, AND R. LEWIS GALLAGHER AND LAYNE-NEW YORK CO. INC., DEFENDANTS.

Superior Court of New Jersey, Law Division — Burlington County.

Decided January 29, 1980.

Attorney(s) appearing for the Case

Richard M. Sevrin for plaintiffs (Gertner & Sevrin, attorneys).

Frederick W. Hardt for defendant R. Lewis Gallagher (Sever, Hardt & Main, attorneys).

Donald E. Williams, for defendant Township of Pemberton (Polino & Williams, attorneys).

HAINES, J.S.C.

Plaintiffs' residence, purchased in 1968 and situate in Pemberton Township, Burlington County, New Jersey, was supplied with water for domestic use by a well extending into the Wenona-Mt. Laurel aquifer. In 1972 defendant township constructed a water plant and two wells, drawing from the same aquifer, to provide water for public consumption. Required approvals were obtained from state agencies. Bonds were issued in the amount of $1,370,000 to finance...

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