BOROUGH OF AVALON, Plaintiff-Appellant,
v.
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant-Respondent.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued September 16, 2008.
Decided November 19, 2008.
Attorney(s) appearing for the Case
Neil Yoskin, Princeton and Stephen D. Barse, Vineland, argued the cause for appellant (Sokol, Behot & Fiorenzo, Hackensack, and Gruccio, Pepper, DeSanto & Ruth, Vineland, attorneys; Mr. Yoskin and Mr. Barse, on the brief).
Dean Jablonski, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Melissa H. Raksa, Deputy Attorney General, of counsel; Lisa Daglis, Deputy Attorney General, and Mr. Jablonski, on the brief).
John C. Porto, County Counsel, argued the cause for amicus curiae County of Cape May (Mr. Porto, attorney; James B. Arsenault, Jr., Assistant County Counsel, on the brief). Gruccio, Pepper, DeSanto & Ruth, Vineland, for amicus curiae Borough of Stone Harbor (Michael J. Donohue, Stone Harbor, of counsel and on the brief).
Ansell, Zaro, Grimm & Aaron, Ocean, for amicus curiae American Littoral Society, Inc. (Gordon N. Litwin, of counsel; Andrew J. Provence, on the brief).
Before Judges SKILLMAN, GRAVES and GRALL.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
SKILLMAN, P.J.A.D.
In 2007, the Department of Environmental Protection adopted rules, referred to as the Public Access Rules, which substantially expanded its authority over public access to beaches and other tidal waterways. 39 N.J.R. 5222(a).1 One new rule requires any municipality located on a tidal waterway to allow public access to tidal waterways and their shores "at all times...
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