City of Garfield v. Borough of East Paterson
City of Garfield v. Borough of East Paterson
Opinion of the Court
The opinion of the court was delivered
This case involves the periodic flooding of Fleischer’s Brook, a natural watercourse originating in Fair Lawn and emptying into the Passaic River. The trial court found that plaintiffs failed to establish a basis for relief. We certified their appeal before argument in the Appellate Division.
Hone of the defendants is charged with bringing to Fleischer’s Brook water which would go elsewhere. Rather the picture is this: that the brook has overflowed its banks periodically for many, many years; that with the development of the area, water which would have found its way slowly to the brook is now sped on that course by paving and
Upon the record here made, a court could not possibly assess the responsibility, if any, of any of the governmental defendants. The trial court correctly found a case was not made out under the doctrine of Armstrong v. Francis Corp., 20 N. J. 320 (1956). The situation seems to us to call for responsible cooperative effort by the several municipalities and the county, and perhaps to require legislative solution if these governmental agencies cannot effect one within existing laws. This observation should not be understood to impair in any way the outstanding order in other proceedings against the private corporate defendants.
The judgment is affirmed.
For affirmance — Chief Justice Weinteaub and Justices Jacobs, Eeancis, Peoctoe, Hall and Schettiito — 6.
For reversal — None.
Reference
- Full Case Name
- CITY OF GARFIELD, A MUNICIPAL CORPORATION OF NEW JERSEY, AND PETER MONEGO AND ERVIN R. McDADE v. THE BOROUGH OF EAST PATERSON, A MUNICIPAL CORPORATION OF NEW JERSEY, INTERBOROUGH ASSOCIATES, INC., A CORPORATION OF NEW JERSEY, CENTRAL BERGEN ASSOCIATES, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS
- Cited By
- 2 cases
- Status
- Published