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HYLAND v. BOROUGH OF ALLENHURST, CTY. OF MONMOUTH

78 N.J. 190 (1978)

393 A.2d 579

WILLIAM F. HYLAND, ATTORNEY GENERAL OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BOROUGH OF ALLENHURST, A MUNICIPAL CORPORATION IN THE COUNTY OF MONMOUTH, ET AL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 16, 1978.

Attorney(s) appearing for the Case

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Michael S. Bokar, Deputy Attorney General, on the brief; Mr. Skillman, of counsel).

Mr. Alfred C. Clapp argued the cause for respondents (Messrs. Clapp & Eisenberg, attorneys).

The opinion of the court was delivered by SULLIVAN, J.

This appeal, having a background similar to Van Ness v. Borough of Deal, 78 N.J. 174, also decided by us this day, is taken as a matter of right by virtue of a dissent in the Appellate Division.

The Borough of Allenhurst is a small oceanside community in Monmouth County, immediately to the south of the Borough of Deal. It is .3 of a square mile in area and consists...

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