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

61 N.J. 296 (1972)

294 A.2d 47

THE BOROUGH OF NEPTUNE CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, LILYAN BURKE AND EVELYN IRONS, PLAINTIFFS-APPELLANTS, v. THE BOROUGH OF AVON-BY-THE-SEA, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, HARRY B. CROOK, JR., MAYOR AND COMMISSIONER OF THE BOROUGH OF AVON-BY-THE-SEA, JOHN T. LIVINGSTON AND JAMES A. ROGERS, COMMISSIONERS OF THE BOROUGH OF AVON-BY-THE-SEA, AND ALBERT R. DORN, CLERK OF THE BOROUGH OF AVON-BY-THE-SEA, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 24, 1972.

Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for plaintiffs-appellants (Messrs. Carton, Nary, Witt & Arvanitis, attorneys; Mr. Robert V. Carton, of counsel and on the brief).

Mr. Thomas J. Spinello argued the cause for defendants-respondents.

The opinion of the Court was delivered by HALL, J.

The question presented by this case is whether an oceanfront municipality may charge non-residents higher fees than residents for the use of its beach area. The Law Division sustained an amendatory ordinance of defendant Borough of Avon-by-the-Sea (Avon) so providing. 114 N.J.Super. 115 (1971). The challenge came from plaintiffs Borough...

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