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BOROUGH v. ABRAM DEMAREE

839 A.2d 110 (2004)

365 N.J. Super. 338

BOROUGH OF CLOSTER, Plaintiff-Respondent, v. ABRAM DEMAREE HOMESTEAD, INC., Defendant-Appellant, and Frank W. Koestner, Paul Nigito and F. William Koester, Jr. and Conrail, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 2004.

Attorney(s) appearing for the Case

Frank Rivellini, Hackensack, argued the cause for appellant (Francis J. DeVito, attorneys; Mr. Rivellini, on the brief).

Michael J. Breslin, Jr. argued the cause for respondent (Waters, McPherson, McNeill, attorneys; Mr. Breslin, on the brief).

Before Judges A.A. RODRÍGUEZ, LEFELT and PAYNE.

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

In an action brought by the plaintiff Borough of Closter, the trial judge found that defendant Abram Demaree Homestead, Inc. had created a nuisance by interfering with the flow of surface water and directed defendant to remove soil that it had, several years before, added to its farm allegedly to prevent flooding from storm water runoff. Defendant appeals, claiming that the court lacked jurisdiction to direct...

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