Braun v. Township of Mantua, 270 N.J.Super. 404, 637 A.2d 238 (Law Div. 1993)
Practice Areas: Large Loss/Complex Subrogation, Property Litigation
Servient tenants of public-right-of-way brought action for damages and to compel township to rebuild public roadway that had been supported by dam before it collapsed. On township’s motion for summary judgment, the Superior Court, Law Division, Kleiner, J.S.C., held that: (1) township had duty to maintain dam as dominant lessee of road easement; (2) genuine issue of material fact precluded summary judgment on whether collapse of dam was from owners’ failure to inspect or dominant lessee’s failure to maintain it; (3) township was not protected by plan or design immunity; and (4) township could not be compelled to rebuild roadway.