99 sussex road township of washington nj

The dedications and acceptances included all the land within the road boundaries as shown on the filed maps. Between 19, the then owner of the roads deeded them to Wantage, which adopted ordinances formally accepting them as public roads. Until 1975 the roads were privately owned by the developers of Lake Neepaulin and their successors. The poles were placed outside the cleared portion of the roads but inside the road boundaries as shown on the filed maps. Sussex began placing electric poles and wires along the cleared roads as early as 1956. Various lots in the subdivision were conveyed out each deed explicitly stated that *485 'no dedication of public use of roads, streets, avenues, ways or beaches is intended to be made by the conveyance hereunder.' After the maps were filed, the developers built dirt roads located as the maps indicated, but of narrower width. The maps showed proposed roads which had not yet been cleared of vegetation. To place, construct, operate, repair, maintain, relocate and replace thereon and in or upon all streets, roads or highways, abutting said lands an electric transmission or distribution line or system.Īt the time of the grant, the tract was entirely undeveloped and there were no roads, improved or unimproved.īetween 19 maps were filed proposing a subdivision for all of Lake Neepaulin. On JPearson granted Sussex 'the right to enter upon' his land In 1953 the entire area, comprising some 500 acres, was owned by William Pearson and his wife. Sussex supplies electric power to the area of Wantage known as Lake Neepaulin. The Law Division judge held that Sussex must absorb the costs and accordingly granted summary judgment in favor of Wantage.

Sussex Rural Electric Cooperative (Sussex) brought this action to recover from the Township of Wantage (Wantage) its costs incurred in relocating poles, wires and other equipment as required by Wantage in connection with the widening and improving of roads along which the Sussex utilities had been placed. The opinion of the court was delivered by GAULKIN, J.A.D.

Laptook argued the cause for respondent (Kimmelman, Wolff & Samson, attorneys N. Shaw argued the cause for appellant (Farrell, Curtis & Davidson, attorneys). *483 Before Judges GAULKIN, BAIME and ASHBEY. Superior Court of New Jersey, Appellate Division. TOWNSHIP OF WANTAGE, DEFENDANT-RESPONDENT.

SUSSEX RURAL ELECTRIC COOPERATIVE, PLAINTIFF-APPELLANT,

99 sussex road township of washington nj