ROSE v. CHAIKIN


187 N.J. Super. 210 (1982)

453 A.2d 1378

JOEL ROSE ET UX., ET ALS., PLAINTIFFS, v. JOSEPH CHAIKIN ET UX., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. KENNETH L. KESLINK, ENERTECH CORPORATION, A CORPORATION OF VERMONT, AND CITY OF BRIGANTINE, A MUNICIPAL CORPORATION OF NEW JERSEY, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Chancery Division Atlantic County.

Decided November 10, 1982.


Attorney(s) appearing for the Case

Stephen R. Nehmad for plaintiffs (Perskie & Nehmad, attorneys).

Marvin Z. Wallen for defendants and third-party plaintiffs (Wallen & Brilliant, attorneys).

Augustine A. Repetto, Jr. for third-party defendant Enertech Corporation.

John R. Armstrong for third-party defendant City of Brigantine (Subin, Armstrong & Armstrong, attorneys).


GIBSON, J.S.C.

This action seeks to enjoin the operation of a privately owned windmill. Plaintiffs occupy neighboring properties and allege that the unit constitutes both a private nuisance and a violation of local zoning laws. Defendants deny the allegations and have counterclaimed. Based on the evidence presented at trial, the following factual findings may be made.

All of the parties are residents and/or owners of single-family homes located in a contiguous...

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