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KLUMPP v. BOROUGH OF AVALON

No. A-2963-07T3

EDWARD W. KLUMPP and NANCY M. KLUMPP, Plaintiffs-Appellants, v. BOROUGH OF AVALON, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division

Decided July 31, 2009

Attorney(s) appearing for the Case

Richard M. Hluchan argued the cause for appellants (Ballard Spahr Andrews & Ingersoll, LLP, attorneys; Mr. Hluchan, of counsel; Robert P. Duffield, II, on the brief).

Michael J. Donohue argued the cause for respondent (Gruccio, Pepper, DeSanto & Ruth, P.A., attorneys; Mr. Donohue, of counsel and on the brief).

Before Judges Lisa, Sapp-Peterson, and Alvarez.

PER CURIAM

Plaintiffs, Edward W. and Nancy M. Klumpp, appeal from the dismissal of their claims against the Borough of Avalon (the Borough) by order entered January 29, 2008. We affirm.

Plaintiffs are the record owners of land identified on the Borough's Tax Map as Block 74.03, lots 2, 4 and 6 (the property), located at the eastern end of 75th Street. The Borough maintains a protective engineered sand dune system constructed on the beach, from 13th Street...

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