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HYLAND v. TOWNSHIP OF LONG BEACH

160 N.J. Super. 201 (1978)

389 A.2d 494

WILLIAM F. HYLAND, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF LONG BEACH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND HAROLD V. GALE, CLERK OF THE TOWNSHIP OF LONG BEACH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1978.

Attorney(s) appearing for the Case

Mr. David B. Harris, Deputy Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey, and Mr. William F. Hyland, former Attorney General of New Jersey, attorneys; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Richard J. Shackleton argued the cause for respondents (Messrs. Shackleton, Hazeltine, Zlotkin & Dasti, attorneys; Mr. Frank A. Buczynski, Jr. on the brief).

Before Judges FRITZ, BOTTER and ARD.

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

The Attorney General brought this action by an order to show cause and verified complaint against defendants seeking to void the township's beach badge fee schedule and to compel the township to adopt another. Demand was also made for reimbursement of state funds expended for beach preservation in the township. Upon submission of affidavits and the township's badge sale records for the period from April 1977 through...

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