Borough of Westville v. Whitney Home Builders, Inc.

The Borough of Westville (Westville) (plaintiff) owns a public park with a pond used for recreation. Woodbury Terrace Tract Corp. (Woodbury) (defendant) operated a sewage treatment plant upstream; after an eight-and-a-half-hour treatment process, the resulting effluent flowed into a stream that emptied into Westville's park pond. Woodbury's experts said the effluent was theoretically safe to drink or swim in, and there was no documented increase in pollution or odor after operations began. Westville sued for an injunction to stop the discharge. The trial court denied injunctive relief and ruled for Woodbury; Westville appealed.

Whether riparian owners may use water in any manner as long as that use does not unreasonably interfere with the beneficial use of other riparian owners.