Birchwood Lakes Colony Club, Incorporated, Plaintiff-Respondent v. Borough of Medford Lakes, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s judgment, holding that a downstream owner may sue a municipality in nuisance for water pollution and that the New Jersey Tort Claims Act applies to such claims, but liability is limited to conduct that is palpably unreasonable and may be barred by plan/design or discretionary immunity. The case was remanded for the lower court to determine liability under the clarified standards.