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HYLAND v. BOROUGH OF ALLENHURST

148 N.J. Super. 437 (1977)

372 A.2d 1133

WILLIAM F. HYLAND, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BOROUGH OF ALLENHURST, A MUNICIPAL CORPORATION IN THE COUNTY OF MONMOUTH; THE ALLENHURST BEACH CLUB; MARTIN J. VACCARO, MAYOR OF THE BOROUGH OF ALLENHURST; WILLIAM T. GLYNN, A COMMISSIONER OF THE BOROUGH OF ALLENHURST; DR. JAMES A. O'MALLEY, A COMMISSIONER OF THE BOROUGH OF ALLENHURST, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 1977.

Attorney(s) appearing for the Case

Mr. Alfred C. Clapp, of Messrs. Clapp & Eisenberg, argued the cause for appellants (Messrs. Stout, O'Hagan & Dowd, attorneys; Messrs. Robert W. O'Hagan and Clark C. Vogel, of counsel).

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

Before Judges BISCHOFF, MORGAN and FURMAN.

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

This is another appeal which concerns the extent of a shorefront community's obligation to open its beaches and municipal facilities adjacent thereto to both residents and nonresidents on equal terms. See also, Van Ness v. Deal, 145 N.J.Super. 368 (App. Div. 1976).

The municipality is the Borough of Allenhurst, a small community (.3 square miles) bordering...

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