CURZI v. RAUB

No. A-5380-06T1.

MELODY CURZI, Plaintiff-Respondent/Cross-Appellant, v. RAYMOND L. RAUB, III, and GAIL A. RAUB, husband and wife, Defendants-Appellants/Cross-Respondents, and E. BARBARA LORENTZ FARLEY, THE ESTATE OF ROBERT FARLEY, deceased, JAMES SWICK, ESQ., with Power of Attorney for E. BARBARA LORENTZ FARLEY, JAMES SWICK, ESQ., as Trustee for the ESTATE OF ROBERT FARLEY, all Individually, Jointly and Severally, Defendants. DENNIS LOSCO and PATRICIA LOSCO, h/w, and NICHOLAS TAURIELLO and CAROLINE TAURIELLO, h/w, Plaintiffs, and SOPHIE G. HENDERSHOT and JAMES L. HENDERSHOT, WILLIAM F. WRIGHT and ROSALIE WRIGHT, h/w, Plaintiffs-Respondents/Cross-Appellants, v. RAYMOND L. RAUB, III, and GAIL A. RAUB, Defendants-Appellants/Cross-Respondents. RAYMOND L. RAUB, III, and GAIL A. RAUB, husband and wife, Third-Party Plaintiffs, v. MELODY CURZI, D. SCOTT CURZI, and RICHARD G. HARDISON, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided: July 30, 2010.


Attorney(s) appearing for the Case

William L. Handler argued the cause for appellants/cross-respondents (George R. and William L. Handler, attorneys; William L. Handler, of counsel and on the briefs).

D. Scott Curzi argued the cause for respondents/cross-appellants Melody Curzi, Sophie G. and James L. Hendershot, and William F. and Rosalie Wright (Curzi Law Offices, attorneys; Mr. Curzi, on the briefs).

Eileen P. Kelly, Deputy Attorney General, argued the cause for amicus curiae State Agriculture Development Committee (Anne Milgram, Attorney General, attorney; Lewis

A. Scheindlin, Assistant Attorney General, of counsel; Ms. Kelly, on the brief).

Before Judges Lisa, Baxter and Alvarez.


The opinion of the court was delivered by

LISA, P.J.A.D.

The primary issue in this appeal deals with jurisdiction under the Right to Farm Act (Act), N.J.S.A. 4:1C-1 to -10.4, in the context of a private nuisance claim. Defendants Raymond L. Raub, III (Raub) and his wife Gail A. Raub own a 34 acre farm straddling Harmony and Lopatcong Townships in Warren County. In addition to that property, Raub also conducts farming operations on about...

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