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DICKINSON v. FUND FOR SUPPORT OF FREE PUBLIC SCHOOLS

95 N.J. 65 (1983)

469 A.2d 1

FAIRLEIGH S. DICKINSON, JR., RAYMOND BATEMAN, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF MICHAEL BATEMAN, WAYNE DUMONT, JEREMIAH O'CONNOR, J. HERBERT LEVERETT, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF DWAYNE HERBERT LEVERETT, MARGARET KELLER, CHARLES ROHDE, AND JOHN J. SULLIVAN, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. THE FUND FOR THE SUPPORT OF FREE PUBLIC SCHOOLS, DONALD LAN, SECRETARY OF STATE OF THE STATE OF NEW JERSEY, ACTING AS SECRETARY OF STATE AND AS SECRETARY OF THE FUND FOR THE SUPPORT OF FREE PUBLIC SCHOOLS AND DONALD LAN AS TRUSTEE OF THE FUND FOR THE SUPPORT OF FREE PUBLIC SCHOOLS; AND THE TIDELANDS RESOURCE COUNCIL, A DIVISION OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided December 21, 1983.

Attorney(s) appearing for the Case

E. Carter Corriston argued the cause for appellants and cross-respondents (Breslin and Breslin, attorneys; Terry Paul Bottinelli, on the brief).

Deborah T. Poritz, Deputy Attorney General, argued the cause for respondents and cross-appellants (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Michael R. Cole, Assistant Attorney General, of counsel; William Harla, Deputy Attorney General, on the brief).

John R. Weigel argued the cause for amicus curiae New Jersey Land Title Association (John R. Weigel and Joseph M. Clayton, Jr., attorneys).

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

This case concerns the meaning and constitutionality of the November 3, 1981 amendment to the New Jersey Constitution adopted on November 3, 1981, N.J. Const. of 1947, art. VIII, § 5, para. 1 (the "Amendment"), which created in effect a statute of limitations on State claims to New Jersey tidelands. The Amendment bars the State's claims to lands that have not been tidally flowed for a period of 40...

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