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Woodsum v. Pemberton Township

New Jersey Superior Court
412 A.2d 1064 (1980)

Written by Rose VanHofwegen, JD

Facts

In 1968, Richard and Judith Woodsum (plaintiffs) bought property with a residential well that supplied water from an aquifer below. Four years later, Pemberton Township (Pemberton) (defendant) built a water plant with wells that drew water from the same aquifer and lowered the water table enough to dry up the Woodsums’ well. The Woodsums could have deepened their well for $750 to $1,700 and restored their water supply, but they did not have the money. The Woodsums sued claiming Pemberton’s actions were an unconstitutional taking. Pemberton moved for summary judgment.

Rule of Law

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Issue

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Holding and Reasoning (Haines, J.)

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