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GORMLEY v. LAN

181 N.J. Super. 7 (1981)

436 A.2d 535

WILLIAM L. GORMLEY, INDIVIDUALLY, AND AS A MEMBER OF THE GENERAL ASSEMBLY OF THE STATE OF NEW JERSEY, APPELLANT, v. DONALD P. LAN, SECRETARY OF STATE OF THE STATE OF NEW JERSEY, JAMES ZAZZALI, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1981.

Attorney(s) appearing for the Case

Daryl F. Todd argued the cause for appellant (Previti, Todd & Gemmel, attorneys; William E. Nugent on the brief).

Michael R. Clancy, Deputy Attorney General, argued the cause for respondent (James R. Zazzali, Attorney General, attorney).

Before Judges ALLCORN, FRANCIS and MORTON I. GREENBERG.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

In July 1981 the Legislature passed concurrent resolutions providing that there be included on the 1981 ballot a proposed amendment to the New Jersey Constitution which amendment would provide:

No lands that were formerly tidal flowed, but which have not been tidal flowed at any time for a period of 40 years, shall be deemed riparian lands, or lands subject to a riparian claim, and the...

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