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DICKINSON v. FUND FOR SUPPORT OF FREE PUB. SCH.

187 N.J. Super. 320 (1982)

454 A.2d 480

FAIRLEIGH S. DICKINSON, JR., RAYMOND BATEMAN, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF MICHAEL BATEMAN, WAYNE DUMONT, JEREMIAH O'CONNOR, J. HERBERT LEVERETT, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF DWAYNE HERBERT LEVERETT, MARGARET KELLER, CHARLES ROHDE, PLAINTIFFS, v. THE FUND FOR THE SUPPORT OF FREE PUBLIC SCHOOLS, DONALD LAN, SECRETARY OF STATE, OF THE STATE OF NEW JERSEY, ACTING AS SECRETARY OF STATE AND AS SECRETARY OF THE FUND FOR THE SUPPORT OF FREE PUBLIC SCHOOLS AND DONALD LAN AS TRUSTEE OF THE FUND FOR THE TIDELANDS RESOURCE COUNCIL, A DIVISION OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided July 8, 1982.

Attorney(s) appearing for the Case

E. Carter Corriston, Terry Paul Bottinelli and Brian T. Campion for plaintiffs (Breslin & Breslin, attorneys).

William Harla, Deputy Attorney General for defendants (Irwin I. Kimmelman, Attorney General of New Jersey).

SIMPSON, A.J.S.C.

This case involves the validity and interpretation of an amendment to the New Jersey Constitution approved by the voters, by a vote of 864,445 in favor and 756,220 opposed, on November 3, 1981. The amendment, N.J. Const. (1947), Art. VIII, § 5, par. 1, provides:

No lands that were formerly tidal flowed, but which have not been tidal flowed at any time for a period of 40 years, shall be deemed riparian lands, or lands subject...

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