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TRI-STATE MET. NATURISTS v. LOWER TP.

219 N.J. Super. 103 (1987)

529 A.2d 1047

TRI-STATE METRO NATURISTS, INDIVIDUALLY AND ON BEHALF OF ALL SIMILARLY SITUATED CITIZENS, PLAINTIFF, v. TOWNSHIP OF LOWER, ROBERT R. FOTHERGILL, M.M. "PEGGIE" BIEBERBACH, ROBERT F. CONROY JR., PHILLIS GENOVESE, AND EDWARD YATES, DEFENDANTS.

Superior Court of New Jersey, Law Division.

March 11, 1987.

Attorney(s) appearing for the Case

Joel Wayne Garber for plaintiff (Joel Wayne Garber and Mark S. Guralnick, attorneys).

Louis C. Dwyer Jr. for defendants (Corino & Dwyer, attorneys).

George P. Cook, Dep. Atty. Gen. for State of New Jersey, Dept. of Law & Public Safety, Environmental Protection Section, Intervenor (W. Cary Edwards, Atty. Gen.).

OPINION

GIBSON, J.S.C.

By this action plaintiff seeks to invalidate an ordinance that bars nude sunbathing on the beaches of Lower Township, New Jersey. The initial challenge is on constitutional grounds, plaintiff claiming that the ordinance impermissibly restricts freedom of expression, the right to privacy, freedom of association and certain undefined but constitutionally protected liberties. Although...

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