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TUCKERTON BEACH CLUB v. BENDER

91 N.J. Super. 167 (1966)

219 A.2d 529

TUCKERTON BEACH CLUB, A CORPORATION NOT FOR PECUNIARY PROFIT OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CLARENCE H. BENDER AND IRENE O. BENDER, HIS WIFE, CLIFFORD W. PRICE AND MARGARET JANE PRICE, HIS WIFE, HARRY N. LUTZ AND HAZEL LUTZ, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1966.

Attorney(s) appearing for the Case

Mr. Laurence C. Stamelman argued the cause for appellants (Messrs. Stein & Stamelman, attorneys).

Mr. John Jay Mangini argued the cause for respondent (Messrs. Campbell, Mangini, Foley & Lee, attorneys; Mr. Michael J. Cernigliaro, on the brief).

Before Judges SULLIVAN, LEWIS and KOLOVSKY.

SULLIVAN, S.J.A.D.

This case, in essence, involves the validity of certain restrictions and covenants contained in the deeds of some 500 property owners in a development known as Tuckerton Beach, Ocean County, New Jersey.

The covenants and restrictions are as follows:

"All property owners in this development are required to be members of a property owners' association known or to be known as `Tuckerton...

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