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BUONVIAGGIO v. HILLSBOROUGH TP. COMMITTEE

122 N.J. 5 (1991)

583 A.2d 739

CARLO BUONVIAGGIO AND MILDRED F. BUONVIAGGIO, APPELLANTS-APPELLANTS, v. THE HILLSBOROUGH TOWNSHIP COMMITTEE, RESPONDENT, AND STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 7, 1991.

Attorney(s) appearing for the Case

R. Dale Winget argued the cause for appellants.

R. Brian McLaughlin, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey; Mary C. Jacobson, Deputy Attorney General, of counsel).

The opinion of the Court was delivered by O'HERN, J.

This appeal requires us to resolve a controversy about application of the one-year time bar set forth in the New Jersey Spill Compensation and Control Act (the Act), which requires that claims against the Spill Fund be filed not later than one year after the date of "discovery of damage." N.J.S.A. 58:10-23.11k. The case arises in the context of the pollution of a farmer's well by a distant chemical spill...

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