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BAKER v. NORMANOCH ASS'N, INC.

25 N.J. 407 (1957)

136 A.2d 645

DOUGLAS C. BAKER (AND 23 OTHERS), PLAINTIFFS-APPELLANTS, v. NORMANOCH ASSOCIATION, INC. (AND 10 OTHERS), DEFENDANTS-RESPONDENTS, AND SHERRED A. WILLIS, DONALD C. BAIN, SR., AND ROBERT ARMSTRONG, DEFENDANTS.

The Supreme Court of New Jersey.

Argued October 14, 1957.

Decided December 9, 1957.

Attorney(s) appearing for the Case

Mr. Douglas C. Baker argued the cause for the plaintiffs-appellants, excepting plaintiffs-appellants Joseph N. Miller and Mabel L. Miller, Harry Peatfield and Ada E. Peatfield.

Mr. Vito A. Concilio argued the cause for the plaintiffs-appellants Joseph N. Miller, Mabel L. Miller, Harry Peatfield and Ada E. Peatfield.

Mr. Francis E. Bright argued the cause for the defendants-respondents (Messrs. Steelman, Lafferty & Rowe, attorneys for defendant Braun; Mr. James R. Lafferty, of counsel; Messrs. Riker, Emery & Danzig, attorneys for defendants Watson and Gibbons, Mr. Theodore McC. Marsh, of counsel; Messrs. Dolan and Dolan, attorneys for defendants Normanoch Association, Inc., et al.).

Messrs. Harry R. Walker, Jr., and William A. Lord, Jr., attorneys for interposer-amicus curiae, Borough of Hopatocong (Mr. William A. Lord, Jr., on the brief).

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

This is an appeal by 24 of 43 original plaintiffs from a declaratory judgment action seeking a determination of whether the plaintiffs as owners of property adjacent to or nearby Culvers Lake have any rights to the recreational use of the lake. The Superior Court, Chancery Division, denied plaintiffs' claim for a judgment declaring this right to so use the lake and for injunctive relief against interference by...

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