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WATERS v. TOWNSHIP OF GALLOWAY

286 N.J. Super. 222 (1995)

668 A.2d 1086

FREDERICK J. WATERS AND CAROL WATERS, T/A SHADY PINES CAMP GROUND AND TRAILER PARK, PLAINTIFFS-RESPONDENTS/CROSS-APPELLANTS, v. TOWNSHIP OF GALLOWAY, A NEW JERSEY MUNICIPAL CORPORATION, AND GALLOWAY TOWNSHIP COUNCIL AND UTILITIES DIVISION, A BODY POLITIC, DEFENDANTS-APPELLANTS/CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1995.

Attorney(s) appearing for the Case

Michael A. Pane argued the cause for appellants/cross-respondents (Michael A. Pane, attorney; Mr. Pane and Michael A. Pane, Jr., on the brief).

Christine M. Cote argued the cause for respondents/cross-appellants (Cooper Perskie April Niedelman Wagenheim & Levenson, attorneys; Steven D. Scherzer and Ms. Cote, on the brief).

Before Judges LONG, MUIR, Jr., and BROCHIN.

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

This is an appeal from a $227,780 judgment entered against the defendants. The proceedings giving rise to the appeal are anomalous in that the trial court awarded damages without resolving a primary liability issue and then apparently based the damage award on a statute both parties agree is inapplicable.

In July 1989, plaintiffs filed a complaint in lieu of prerogative writs seeking both an order...

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