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CITY OF LONG BRANCH v. LIU

833 A.2d 106 (2003)

363 N.J. Super. 411

CITY OF LONG BRANCH, a Municipal Corporation of the State of NJ, Plaintiff, v. Jui Yung LIU and Elizabeth Liu, his wife, Administrator of Small Business Administration, Adelina's Pizza, Jimmy's Pizza, Horaph Co., L.L.C. t/a Dairy King, Gifted Sara, Wizard World, Inc., Jimmy Jetty, Inc., Speciality Merchandise Association, Funhouse, Club 115 and Jimmy's Famous Boardwalk Hotdogs, Defendants.

Superior Court of New Jersey, Law Division.

February 3, 2003.

Attorney(s) appearing for the Case

Lawrence H. Shapiro, Ocean, for plaintiff (Ansell Zaro, Grimm & Aaron, attorneys).

Paul V. Fernicola, for plaintiff (Bowe & Fernicola, attorneys).

Peter H. Wegener, Lakewood, for defendants Liu, Adelina's Pizza, Jimmy's Pizza, Jimmy Jetty, Inc. (Bathgate, Wegener & Wolf, attorneys).

O'HAGAN, J.S.C.

Does an oceanfront property owner obtain title to newly created contiguous lands, formed as a result of a beach replenishment program funded by the Federal government with participation by state, county and local governments?

The defendant property owners, Jui Yung Liu and Elizabeth Liu, relying upon the doctrine of accretion, maintain such property, landward of the newly created mean high water mark, becomes theirs as a matter of law. Liu...

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