STRAUSS v. TOWNSHIP OF HOLMDEL


312 N.J. Super. 610 (1997)

MARVIN AND BARBARA STRAUSS, ET AL. PLAINTIFFS, v. TOWNSHIP OF HOLMDEL, A MUNICIPAL CORPORATION, TOWNSHIP COMMITTEE OF HOLMDEL, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided December 18, 1997.


Attorney(s) appearing for the Case

Peter L. Davidson, for plaintiff (Mandelbaum & Mandelbaum, P.C.).

Edward C. Eastman, Jr. for defendants (Lomurro, Davison, Eastman & Munoz, P.A.).


LOCASCIO, J.S.C.

The issues presented by this case are (1) whether a municipality's levy of a special assessment, to offset the cost of the installation of sewer lines within a development, violates the constitutional rights of residents of the development, and (2) whether a municipality can be liable for negligently permitting the construction of a subdivision without sewers.

Plaintiffs represent approximately 137 property owners who reside in two separate...

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