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WILDWOOD CREST v. MASCIARELLA

92 N.J. Super. 53 (1966)

222 A.2d 138

BOROUGH OF WILDWOOD CREST, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. CHARLES MASCIARELLA AND MARGARET MASCIARELLA, HIS WIFE; RALPH JOHNSON AND VERA JOHNSON, HIS WIFE; WILLIAM EARL JOHNSON AND BERTHA JOHNSON, HIS WIFE; ROBERT E. KAY AND ADALENE W. KAY, HIS WIFE; VELMA M. DARE; DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT OF THE STATE OF NEW JERSEY AND THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided July 19, 1966.

Attorney(s) appearing for the Case

Mr. J.W. Acton for plaintiff, now deceased.

Mr. Nathan C. Staller for defendants Charles Masciarella and Margaret Masciarella, his wife; Ralph Johnson and Vera Johnson, his wife, and William Earl Johnson and Bertha Johnson, his wife.

Mr. Robert E. Kay, pro se, for defendants Robert E. Kay and Adalene W. Kay, his wife (Messrs. Kay & Corino, attorneys).

Mr. Arthur J. Sills, Attorney General of New Jersey, for defendants Department of Conservation and Economic Development of the State of New Jersey and the State of New Jersey (Mr. Michael C. Rudolph, Deputy Attorney General, of counsel).

WICK, J.S.C.

This matter is in the nature of a declaratory judgment proceeding wherein plaintiff Borough of Wildwood Crest (hereinafter referred to as the borough) seeks to have this court determine and declare the rights of the parties hereto with reference to the title to lands formed by accretion.

On April 30, 1908 and August 3, 1915 the State of New Jersey (hereinafter referred to as the State), by its Governor, Riparian Commissioners and the Board of...

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