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Borough of Westville v. Whitney Home Builders, Inc.
Facts
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.
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