Yonadi v. Homestead Country Homes
New Jersey Superior Court
114 A.2d 564 (1955)
- Written by Carolyn Strutton, JD
Facts
Yonadi (plaintiff) owned a golf course and a restaurant in Spring Lake Heights, New Jersey. There were 40 acres of farmland across the street from Yonadi’s property. The surface water from those 40 acres would flow by natural drainage across Yonadi’s land and then eventually into the Atlantic Ocean. Homestead Country Homes (Homestead) (defendant) developed the 40 acres of farmland into a housing development with over 150 homes, streets, and water-management systems such as catch basins and subsurface drains. After the land was developed, the amount of surface water flowing over Yonadi’s land increased greatly. In times of heavy rain, the water flowing from the development flooded parts of Yonadi’s property. Yonadi sued Homestead to enjoin them from using artificial measures to move the water from the development toward Yonadi’s land. The lower court entered judgment for Yonadi, awarding damages and ordering Homestead to remove any artificial methods of directing water toward Yonadi’s land within 90 days. Homestead appealed.
Rule of Law
Issue
Holding and Reasoning (Clapp, J.)
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