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PETER C. HARVEY ATTORNEY GENERAL OF NEW JERSEY Richard J. Hughes Justice Complex 25 Market Street PO ... - page 46 / 53

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46 / 53

e.

Award the Plaintiffs

such other relief as this Court

deems appropriate.

COUNT VIII

Public Nuisance

225. Plaintiffs repeat each allegation of Paragraph numbers 1

through 224, above, as if set forth in its entirety herein.

226.

Soil,

ground

water,

surface

water

and

wetlands

are

natural resources of the State held in trust by the State.

227.

The

use,

enjoyment

and

existence

of

uncontaminated

natural resources is a right common to the general public.

228.

The

soil,

ground

water,

surface

water

and

wetlands

contamination at the CCPW Sites constitute a physical invasion of

public property and an unreasonable and substantial interference,

both actual and potential, with the exercise of the public's common

right to these natural resources.

229. As long as the soil, ground water, surface water and

wetlands remain contaminated due to the Defendants' conduct, the

public nuisance continues.

230. Until the soil, ground water, surface water and wetlands

are restored to their pre-injury quality, the Defendants are liable

for the creation, and continued maintenance, of a public nuisance

in contravention of the public's common right to clean soil, ground

water, surface water and wetlands.

46

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