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VAN NESS v. BOROUGH OF DEAL

145 N.J. Super. 368 (1976)

367 A.2d 1191

STANLEY C. VAN NESS, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, AND ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, PLAINTIFF-INTERVENOR, v. BOROUGH OF DEAL ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1976.

Attorney(s) appearing for the Case

Mr. Thomas L. Morrissey argued the cause for appellants (Messrs. Carpenter, Bennett & Morrissey, attorneys; Messrs. Michael S. Waters and Rudy B. Coleman on the brief).

Mr. Robert P. Corman, Assistant Deputy Public Advocate, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Advocate, attorney).

Mr. Michael S. Bokar, Deputy Attorney General, argued the cause for intervenor (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges BISCHOFF, MORGAN and E. GAULKIN.

The opinion of the court was delivered by MORGAN, J.A.D.

This appeal concerns (1) the power of a shore municipality to limit use of a municipally-owned beach club to residents of that municipality, and (2) the power of such municipality to exclude nonresidents from that portion of the dry sand area, upland of public trust lands, reserved for the exclusive use of residents as part of the beach club. The trial judge's findings of fact, reflected in its opinion reported...

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