STATE Of New Jersey, Plaintiff-Respondent,
v.
Mark OLIVER, Defendant-Appellant.
State of New Jersey, Plaintiff-Respondent,
v.
Larry W. Schmidt, Defendant-Appellant.
State of New Jersey, Plaintiff-Respondent,
v.
Luke Morgan, Defendant-Appellant.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued March 16, 1999.
Decided April 13, 1999.
Attorney(s) appearing for the Case
Michael I. Halfacre, Little Silver, for defendant-appellant Mark Oliver in A-7124-96T3.
Peter M. O'Mara, Red Bank, for defendants-appellants Larry W. Schmidt in A-7268-96T1 and Luke Morgan in A-7303-96T1.
Mark P. Stalford, Assistant Prosecutor, for plaintiff-respondent in all three appeals (John Kaye, Monmouth County Prosecutor, attorney; Mr. Stalford, of counsel; Scott D. Leff, on the briefs).
Janice B. Venables, Ocean, for plaintiff-respondent in all three appeals, Borough of Spring Lake (Evans, Osborne, Kreizman & Bonney, attorneys; Ms. Venables, of counsel; Christine Giordano Hanlon, on the briefs).
Stephen J. Foley, Jr., Asbury Park, for amicus curiae in all three appeals, Surfers' Environmental Alliance-New Jersey (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys; Mr. Foley, on the briefs).
Before Judges LONG, KESTIN and CARCHMAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by CARCHMAN, J.A.D.
During the early morning hours of July 13, 1996, the Borough of Spring Lake fell victim to the ravages of Tropical Storm Bertha. The storm generated sixty to seventy mile per hour winds and high surf along the beachfront including water encroaching on Ocean Avenue. The beaches were closed and lifeguard stands and other equipment...
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