RANDOLPH TOWN v. COUNTY OF MORRIS


864 A.2d 1191 (2005)

374 N.J. Super. 448

RANDOLPH TOWN CENTER, L.P., Plaintiff-Appellant, v. COUNTY OF MORRIS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 2005.


Attorney(s) appearing for the Case

Lawrence S. Berger, Morristown, argued the cause for appellant (Berger & Bornstein, attorneys; Ruth M. Meyer, on the brief).

William F. Johnson, Jr., Riverdale, argued the cause for respondent (Ronald Kevitz, Morris County Counsel, Michael E. Hubner, Special Morris County Counsel, attorneys; Mr. Johnson, Jr. and Robert Shayka, Jr. on the brief).

Before Judges WEFING, PAYNE and C.S. FISHER.


The opinion of the court was delivered by

PAYNE, J.A.D.

Plaintiff Randolph Town Center, a real estate development company, appeals from a judgment against it, based on the jury's determination that defendant County of Morris had established a prescriptive easement to drain water through a culvert under the Sussex Turnpike onto property, owned by Randolph, that Randolph sought to develop as a shopping center, creating wetlands that made commercial development...

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