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SHEPPARD v. TOWNSHIP OF FRANKFORD

261 N.J. Super. 5 (1992)

617 A.2d 666

THOMAS D. SHEPPARD AND MATHILDE M. SHEPPARD, HIS WIFE, PLAINTIFFS, AND PAUL BALDASSANO AND ANNE M. BALDASSANO, HIS WIFE, PLAINTIFFS-APPELLANTS, v. THE TOWNSHIP OF FRANKFORD, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 1992.

Attorney(s) appearing for the Case

Kovach, Fitzgibbons & Goovaerts, attorneys for appellants (Michael S. Hanusek, on the brief).

Kelly, Gaus & Holub, attorneys for respondents (Megan A. Ward, on the brief).

Before Judges PRESSLER, MUIR, Jr., and KESTIN.

The opinion of the court was delivered by MUIR, JR., J.A.D.

We hold on this appeal the trial court mistakenly exercised its discretion when it denied plaintiffs' application for a mandatory injunction to abate or rectify a continuing nuisance created by defendant's disposal of storm water runoff onto plaintiffs' property. The trial court denied the application after a jury found defendant created a continuing nuisance and did not have exemption from liability under...

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