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RALEIGH AVE. v. ATLANTIS BEACH

879 A.2d 112 (2005)

185 N.J. 40

RALEIGH AVENUE BEACH ASSOCIATION, Plaintiff-Respondent, v. ATLANTIS BEACH CLUB, INC. f/k/a Club Atlantis Enterprise, Defendant-Appellant, and Seapointe Village Association and Lower Township Police Department, Defendants, and The State of New Jersey, Defendant-Respondent. Atlantis Beach Club, Inc., Plaintiff-Appellant, v. Tony Labrosciano, individually and on behalf of those similarly situated and Township of Lower, Defendants, and The State of New Jersey, Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 26, 2005.

Attorney(s) appearing for the Case

Robert J. Gilson, Morristown, argued the cause for appellant (Youngblood, Corcoran, Lafferty, Hyberg & Waldman and Riker, Danzig, Scherer, Hyland and Perretti, attorneys; Chad M. Sherwood, on the briefs).

Stephanie A. Brand, Deputy Attorney General, argued the cause for respondent State of New Jersey (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Brian Weeks, Deputy Attorney General, on the brief).

Stuart J. Lieberman, Princeton, argued the cause for respondent Raleigh Avenue Beach Association (Lieberman & Blecher, attorneys).

Andrew J. Provence, Newark, argued the cause for amici curiae American Littoral Society, Inc. and Raritan Baykeeper, Inc. (Ansell Zaro Grimm & Aaron, attorneys; Gordon N. Litwin, Ocean, of counsel).

Carter H. Strickland, Jr., argued the cause for amicus curiae Citizens' Right to Access Beaches, Inc., (Mr. Strickland, Staff Attorney, attorney; Mr. Strickland and Susan J. Kraham, on the letter brief).

Chief Justice PORITZ delivered the opinion of the Court.

This case raises a question about the right of the public to use a 480-foot wide stretch of upland sand beach in Lower Township, Cape May County, owned by respondent Atlantis Beach Club, Inc., and operated as a private club. We hold today that, in the circumstances presented here, and on application of the factors set forth in Matthews v. Bay Head Improvement Ass'n, 95 N.J. 306

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