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BOYLAN v. BOROUGH OF POINT

DOCKET NO. A-0234-08T2.

983 A.2d 1122 (2009)

410 N.J. Super. 564

John Jay BOYLAN and Belle Boylan Constantin, Plaintiffs-Appellants, v. The BOROUGH OF POINT PLEASANT BEACH, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 2009.

Attorney(s) appearing for the Case

Michael J. Fasano, Freehold, argued the cause for appellants (Lomurro, Davison, Eastman & Munoz, attorneys; Gary P. McLean, of counsel; Mr. Fasano, on the brief).

Kevin N. Starkey, Brick, and Edmund J. Corrigan, Toms River, argued the cause for respondent (Starkey, Kelly, Bauer, Kenneally & Cunningham, and Hiering, Gannon & McKenna, attorneys; Mr. Starkey, on the brief).

Before Judges SKILLMAN, FUENTES and SIMONELLI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves a dispute concerning title to an approximately seventy-five foot wide area of oceanfront property that the defendant Borough of Point Pleasant Beach is presently using as part of its municipal beach.

Plaintiffs' claim of title is based on the part of a 1921 deed to their predecessors in title that described the oceanfront lot as including "so much of Lot No. 1 in Block...

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