LISOWSKI v. BOROUGH OF AVALON

DOCKET NOS. A-0065-13T1, A-3947-13T2

122 A.3d 1004 (2015)

442 N.J. Super. 304

William W. LISOWSKI and Clara E. Lisowski, Plaintiffs-Respondents, v. BOROUGH OF AVALON, Defendant-Respondent, and State of New Jersey Tidelands Resource Council, Defendant-Appellant. State of New Jersey, Department of Environmental Protection, Plaintiff-Respondent, v. Township of Delanco, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided September 9, 2015.


Attorney(s) appearing for the Case

John R. Renella , Deputy Attorney General, argued the cause for appellant in A-0065-13 ( John J. Hoffman , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Melissa P. Abatemarco and Nicolas G. Seminoff , Deputy Attorneys General, on the briefs).

Douglas L. Heinold argued the cause for appellant in A-3947-13 (Raymond, Coleman, Heinold & Norman, LLP, Moorestown, attorneys; Mr. Heinold and Stephen E. Raymond , of counsel and on the brief).

Richard M. Hluchan argued the cause for respondents William W. and Clara E. Lisowski in A-0065-13 (Hyland Levin, LLP, Marlton, attorneys; Mr. Hluchan, of counsel; David G. Gunther , on the brief).

Neil Yoskin , Princeton, argued the cause for respondent Borough of Avalon in A-0065-13 (Sokol, Behot & Fiorenzo, attorneys; Mr. Yoskin, on the brief).

Mark A. Collier , Deputy Attorney General, argued the cause for respondent in A-3947-13 ( John J. Hoffman , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Mr. Collier and Jennifer L. Dalia , Deputy Attorneys General, on the brief).

Edward C. Eastman, Jr. , argued the cause for amicus curiae New Jersey Land Title Association in A-0065-13 (Davison, Eastman & Munoz, P.A., attorneys; Mr. Eastman and Michael J. Fasano , Freehold, on the brief).

Before Judges LIHOTZ, ESPINOSA and ST. JOHN.


The opinion of the court was delivered by

These appeals, which we have consolidated for decision in a single opinion, challenge the sufficiency of the State's effort to delineate and assert its claims to certain tideland property within the time restriction established by the 1981...

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