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LUSARDI v. CURTIS POINT PROP. OWNERS ASS'N.

86 N.J. 217 (1981)

430 A.2d 881

PETER LUSARDI, PLAINTIFF, AND JUNE BRUETT, PLAINTIFF-INTERVENOR-APPELLANT, v. CURTIS POINT PROPERTY OWNERS ASSOCIATION, DEFENDANT-THIRD-PARTY-PLAINTIFF-RESPONDENT, v. TOWNSHIP OF BRICK, THIRD-PARTY-DEFENDANT.

The Supreme Court of New Jersey.

Decided June 4, 1981.

Attorney(s) appearing for the Case

Richard K. Rosenberg argued the cause for appellant (Richard K. Rosenberg, attorney; Steven E. Brawer and Richard K. Rosenberg of counsel; Steven E. Brawer, on the brief).

Terrance P. Farley argued the cause for respondent (Novins, Farley, Grossman & York, attorneys).

Henry D. Blinder, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel; David B. Harris, Deputy Attorney General, on the brief).

Sandra T. Ayres, Assistant Deputy Public Advocate argued the cause for amicus curiae Public Advocate (Stanley C. Van Ness, Public Advocate, attorney).

Marc A. Vaida submitted a brief on behalf of amicus curiae New Jersey Institute of Municipal Attorneys (Marc A. Vaida and J. Albert Mastro, President, New Jersey Institute of Municipal Attorneys, attorneys).

The opinion of the Court was delivered by PASHMAN, J.

The Court must determine in this case whether Brick Township's zoning ordinance is invalid on the ground that it unlawfully prohibits recreational use of privately owned unimproved oceanfront property. More specifically, the issue is whether a municipality's obligation "to encourage the most appropriate use of land," N.J.S.A. 40:55D-62(a), prevents it from zoning vacant land along the Atlantic Ocean for...

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