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Borough of Westville v. Whitney Home Builders, Inc.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The borough of 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. (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 Defendant’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. Plaintiff filed suit for an injunction. The trial court denied injunctive relief and ruled in favor of Defendant.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.