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Expert Analysis

NJ High Court Refuses To Expand Nuisance, Trespass Law

Law360, New York (August 14, 2015, 1:35 PM EDT) -- In a 4-3 decision, the New Jersey Supreme Court in Ross v. Lowitz, et al., No. A-101-13 (N.J. Aug. 6, 2015), held that a landowner failed to establish claims for private nuisance and trespass against the current and former owners of a neighboring property whose underground storage tank ("UST") leaked home heating oil that migrated off-site in the absence of sufficient proof of negligence, recklessness, intentional conduct or conduct of an abnormally dangerous activity....

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