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BUBIS v. KASSIN

DOCKET NO. A-5783-06T2.

960 A.2d 779 (2008)

404 N.J. Super. 105

Sophie BUBIS, Plaintiff-Appellant, v. Jack KASSIN and Joyce Kassin, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 2008.

Attorney(s) appearing for the Case

Leonard S. Needle, Fair Haven, argued the cause for appellant.

David C. Apy, Princeton, argued the cause for respondents (Saul Ewing LLP, attorneys; Mr. Apy, of counsel and on the brief; George Tenreiro, on the brief).

Anne Milgram, Attorney General, attorney for amicus curiae State of New Jersey (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Lisa Daglis and Dean Jablonski, Deputy Attorneys General, on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves the applicability of the public trust doctrine to private oceanfront property the owners maintain exclusively for their own recreational enjoyment.

In 1995, defendants Jack and Joyce Kassin bought an oceanfront property in the Village of Loch Arbour that the previous owners had operated as a commercial beach club. This property has approximately 650 feet of frontage along...

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