BOR. OF NEPTUNE CITY v. BOR. OF AVON-BY THE SEA


114 N.J. Super. 115 (1971)

274 A.2d 860

BOROUGH OF NEPTUNE CITY, ET AL., PLAINTIFFS, v. BOROUGH OF AVON-BY-THE-SEA, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 8, 1971.


Attorney(s) appearing for the Case

Mr. Robert V. Carton for plaintiff (Messrs Carton, Nary, Witt & Arvanitis, attorneys).

Mr. Thomas J. Spinello for defendant.


SIMMILL, J.S.C.

Defendant Borough of Avon-by-the-Sea (Avon) is a municipality bordering on the Atlantic Ocean. It owns the beach, boardwalk and other facilities east of Ocean Avenue, the street which comprises an ocean-view drive and which runs through Avon's entire length, a distance of some seven blocks. Avon extends westerly to approximately the right of way of the New York and Long Branch Railroad Co., some seven blocks from Ocean Avenue.

Neptune City...

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