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Borough of Westville v. Whitney Home Builders, Inc.

Superior Court of New Jersey, Appellate Division
122 A.2d 233 (1956)


The borough of Westville (Westville) (plaintiff) is a municipality that owns a public park containing a pond. Westville citizens use the pond for recreational purposes. Beginning in December 1954, Woodbury Terrace Tract Corp. (Woodbury) (defendant), a sewerage company, began operating a sewage treatment plant in Deptford, a township just south of Westville. Raw sewage goes through an eight-and-a-half hour treatment process at the plant, after which the resulting effluent is discharged into a stream or ditch, eventually emptying out into the park pond in Westville. According to Woodbury’s experts, the effluent is theoretically fit for drinking or swimming. There is no documented increase in water pollution in the pond since operations began at the plant, nor is there any resulting odor. Westville filed suit for an injunction. The trial court denied injunctive relief and ruled in favor of Woodbury.

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Holding and Reasoning (Conford, J.)

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