Grobart v. Passaic Valley Water Comm'n

• Decision Date: 11 September 1948
• Docket Number: No. 259.,259.
• Parties: GROBART et al. v. PASSAIC VALLEY WATER COMMISSION et al.
• Court: New Jersey Supreme Court

137 N.J.L. 587

61 A.2d 166

GROBART et al.

v.PASSAIC VALLEY WATER COMMISSION et al.

No. 259.

Supreme Court of New Jersey.

Sept. 11, 1948.

Certiorari by Meyer Grobart and others against the Passaic Valley Water Commission and others to review orders permitting the commission to amend a petition for appointment of condemnation commissioners and appointing the commissioners in a then pending condemnation proceeding. On remand for taking of additional proofs.

Judgment in accordance with opinion.

May term, 1948, before DONGES, COLIE, and EASTWOOD, JJ.

Peter Bentley, of Jersey City (John A. Hartpence, of Jersey City, of counsel), for prosecutors.

Benjamin J. Spitz, of Paterson, for the commission.

Walter D. Van Riper, Atty. Gen. and Robert Peacock, Deputy Atty. Gen., for the State.

COLIE, Justice.

This cause was before the Supreme Court at a prior term thereof on a writ of certiorari allowed to review two orders, one permitting the Passaic Valley Water Commission to amend its petition for the appointment of condemnation comissioners with respect to the daily quantity of water to be condemned; the second order appointing three commissioners in the then pending condemnation proceedings. The Supreme Court held that the orders were improvidently entered. Grobart v. Passaic Valley Water Commission, 134 N.J.L. 325, 47 A.2d 600. On appeal, the Court of Errors and Appeals reversed and remanded the cause to the Supreme Court. 135 N.J.L. 190, 51 A.2d 24. The opinion directed this court to take proofs and determine the question of whether the Passaic Valley Water Commission has the derivative right to divert 75,000,000 gallons of water daily from the Passaic River.

On the remand, additional proof was submitted which established that Passaic Valley Water Commission acquired certain rights from the Passaic Valley Water Company, the Acquackanock Water Company, the Franklin Lake Company, the Montclair Water Company, the Kearny Water Company and the East Jersey Water Company. From the Passaic Water Company, it acquired the right to divert 18,750,000 gallons per day; from the Acquackanock Water Company it acquired the easement and right to divert 14,250,000 gallons of water per day; from the Montclair Water Company it acquired the easement and right to divert 3,750,000 gallons per day; from the East Jersey Water Company it acquired the easement and right to divert 38,250,000 gallons of water per day, or a total of 75,000,000 gallons per day.

However, the...