RALEIGH AVENUE BEACH ASSOCIATION, Plaintiff-Appellant,
v.
ATLANTIS BEACH CLUB, INC., Defendant-Respondent, and
Seapointe Village Association, Lower Township Police Department, Defendants, and
The State of New Jersey, Defendant-Appellant.
Atlantis Beach Club, Inc., Plaintiff-Respondent,
v.
Tony Labrosciano, as an individual and representative, Lower Township, Defendants, and
The State of New Jersey, Defendant-Appellant.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 19, 2004.
Decided June 3, 2004.
Attorney(s) appearing for the Case
Stuart J. Lieberman, Princeton, argued the cause for appellant Raleigh Avenue Beach Association (Lieberman & Blecher, attorneys; Mr. Lieberman, on the brief).
Brian Weeks, Deputy Attorney General, argued the cause for appellant State of New Jersey (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Weeks, on the brief).
Gerald J. Corcoran, Pleasantville, argued the cause for respondent Atlantis Beach Club, Inc. (Youngblood, Corcoran, Lafferty, Hyberg & Waldman, attorneys; Chad M. Sherwood, on the brief).
Andrew J. Provence, Newark, argued the cause for amici curiae The American Littoral Society, Inc., and Raritan Baykeeper, Inc. (Ansell Zaro Grimm & Aaron, attorneys; Gordon N. Litwin, of counsel and on the brief; Mr. Provence, on the brief).
Daniel A. Clarkin, Third Year Law Student (Thomas A. Borden, Newark, Supervising Attorney), argued the cause for amicus curiae Citizens' Right to Access Beaches, Inc. (Robin Greenwald, Director, Rutgers Environmental Law Clinic, attorney; Carter H. Strickland, Jr., on the brief).
Before Judges KING, LINTNER and LISA.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by LINTNER, J.A.D.
These two consolidated cases arise from a final judgment of the Chancery Division declaring certain beach and ocean properties owned by Atlantis Beach Club (Atlantis) subject to the public trust doctrine but limiting the public's vertical (perpendicular to the ocean) and horizontal (parallel to the ocean) access to Atlantis...
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