VAN NESS v. BOROUGH OF DEAL


78 N.J. 174 (1978)

393 A.2d 571

STANLEY C. VAN NESS, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, AND ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BOROUGH OF DEAL, ET AL, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided October 16, 1978.


Attorney(s) appearing for the Case

Mr. Robert P. Corman, Assistant Deputy Public Advocate, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Advocate of the State of New Jersey, attorney).

Mr. Stephen Skillman, Assistant Attorney General argued the cause for respondent Attorney General of the State of New Jersey (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Michael S. Bokar, Deputy Attorney General, on the brief).

Mr. Thomas L. Morrissey argued the cause for respondents Borough of Deal et al. (Messrs. Carpenter, Bennett & Morrissey, attorneys; Mr. Michael S. Waters and Mr. Rudy B. Coleman, on the brief).


The opinion of the court was delivered by SULLIVAN, J.

The underlying suit was brought by Stanley C. Van Ness, Public Advocate of the State of New Jersey, against the Borough of Deal charging the Borough with illegal and discriminatory practices in the maintenance and operation of its publicly owned beaches and related facilities. The suit was bottomed on this Court's 1972 decision in Bor. of Neptune v. Bor. of Avon-by-the-Sea, 61 N.J. 296

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