The sole legal issue presented to the court on this motion for partial summary judgment is whether the Public Advocate's claim for reimbursement of beach fees collected by the Borough of Belmar in excess of its legitimate beach front related expenses for the years 1984-1988 is governed by the provisions of N.J.S.A. 59:1-1 et seq., The New Jersey Tort Claims Act. I hold that it is not...
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