RUSSO FARMS, INC. v. VINELAND BD.


280 N.J. Super. 320 (1995)

655 A.2d 447

RUSSO FARMS, INC., A NEW JERSEY CORPORATION; RFC CONTAINER CO., INC., A NEW JERSEY CORPORATION; THOMAS RUSSO; EVA RUSSO, HIS WIFE; PASQUALE RUSSO; MARIO RUSSO; ESTATE OF PASQUALE RUSSO, PLAINTIFFS-APPELLANTS, v. VINELAND BOARD OF EDUCATION; CITY OF VINELAND; GLENN A. KAHLEY; ART ANDERSON, INC., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS, AND LIPPINCOTT ENGINEERING ASSOCIATION; DANIEL W. JACOBS, P.E.; JOHN DOE; JANE DOE AND MARY DOE (FICTITIOUS), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1995.


Attorney(s) appearing for the Case

Wolf Professional Association, attorneys for appellants (Walter T. Wolf, of counsel and on the brief: Matthew S. Wolf, on the reply brief).

Gruccio, Pepper, Giovinazzi, DeSanto & Farnoly, attorneys for respondent Vineland Board of Education (Robert A. DeSanto, on the brief).

Horn, Goldberg, Gorny, Daniels, Pearz, Plackter & Weiss, attorneys for respondent City of Vineland (Eric M. Wood, on the brief).

LaBrum & Doak, attorneys for respondent Art Anderson, Inc. (Michael G. Brennan, on the brief).

Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, attorneys for respondent Glenn A. Kahley (Michael R. Litke, on the brief).

Before Judges HAVEY, BROCHIN and CUFF


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

Plaintiffs own and farm property in Vineland, New Jersey.1 Their crops and farmland have been damaged by flooding which, they claim, was caused by the improper siting and construction of a public high school across the street from their property. They instituted the present action to obtain compensation for the damage.

The...

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