Neptune City, Borough of v. Avon-by-the-Sea, Borough of

ELR Citation: ELR 20519
No(s). A-71 (N.J. Jul 24, 1972)

The borough of Avon-by-the-Sea violates the public trust doctrine in charging non-residents higher fees than residents for the use of its beach area. The land from mean high tide seaward is owned by the state in fee simple. The upland sand area above mean high tide is owned by the municipality, a po...