Strategic Takeaways From NJ Trespass Ruling

Law360 (March 30, 2020, 6:00 PM EDT) -- On March 11, the New Jersey Supreme Court issued its decision in Joseph Kornbleuth DMD v. Thomas Westover,[1] which addressed the measure of damages available to an injured landowner in a trespass-to-property case. Also embedded in the Supreme Court's decision is a significant ruling concerning the unavailability of designated trial counsel and trial staff.

The Kornbleuths and the Westovers shared a rear property line, marked by a bamboo barrier which provided visual privacy between the neighbors. After the bamboo was removed from both properties by the Westovers' contractor without the Kornbleuths' permission, the Kornbleuths sued for trespass and conversion, arguing that...

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