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BAILEY v. COUNCIL OF DIV. OF PLANNING, ETC., ST. OF N.J.

22 N.J. 366 (1956)

126 A.2d 189

FREDERICK C. BAILEY, PLAINTIFF-APPELLANT, v. COUNCIL OF THE DIVISION OF PLANNING AND DEVELOPMENT OF THE DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT OF THE STATE OF NEW JERSEY AND CHARLES T. KLINE, JR., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 29, 1956.

Attorney(s) appearing for the Case

Mr. Chester Mueller argued the cause for the plaintiff-appellant.

Mr. David D. Furman, Deputy Attorney-General, argued the cause for the defendant-respondent Council of the Division of Planning and Development (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney).

Mr. Vincent A. Grasso argued the cause for the defendant-respondent Charles T. Kline, Jr.

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

The factual background of this case is developed in Bailey v. Driscoll, 34 N.J.Super. 228 (App. Div. 1955), reversed 19 N.J. 363 (1955). Plaintiff Bailey owns land which extends out into Barnegat Bay in the Ortley Beach section of Dover Township in Ocean County, New Jersey. The land in question was formerly an island, westerly...

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