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SPIEGLE v. BOR. OF BEACH HAVEN

116 N.J. Super. 148 (1971)

281 A.2d 377

ROBERT D. SPIEGLE AND DORIS LORRAINE SPIEGLE, HIS WIFE, PLAINTIFFS-APPELLANTS, v. BOROUGH OF BEACH HAVEN AND AMERICAN TELEPHONE & TELEGRAPH COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 11, 1971.

Attorney(s) appearing for the Case

Mr. William B. Colsey, III argued the cause for appellants (Messrs. Powell, Davis, Dietz & Colsey, attorneys).

Mr. Franklin H. Berry, Jr. argued the cause for respondents (Messrs. Berry, Summerill, Rinck & Berry, attorneys).

Before Judges CONFORD, KOLOVSKY and CARTON.

The opinion of the court was delivered by CARTON, J.A.D.

This action is a sequel to two earlier consolidated actions brought by plaintiffs Spiegle against defendant Borough of Beach Haven. In the earlier proceeding our Supreme Court upheld two borough ordinances as reasonable exercises of police power. The first one prohibits erection or maintenance, without a permit, of fences or other structures on privately-owned ocean beachfront property (fence ordinance). The...

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