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

294 A.2d 47 (1972)

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

New Jersey Supreme Court
294 A.2d 47 (1972)

  • Written by Sheryl McGrath, JD

Facts

The Borough of Avon-by-the-Sea (Avon) (defendant) was a New Jersey municipality that had an oceanfront beach. Avon amended an ordinance regarding beach-use fees. The amendment precluded nonresidents of Avon from obtaining season-long, beach-use permits. In addition, the amendment increased the daily beach-use fees applicable to nonresidents. The Borough of Neptune City (Neptune) (plaintiff) filed an action against Avon, alleging that all New Jersey citizens had a right to ocean access and that Avon’s ordinance violated that right. In response, Avon argued that Avon residents contributed to the operating and maintenance costs for the beach through property taxes and that nonresidents should contribute to the costs through higher fees. The trial court ruled in favor of Avon. Neptune appealed.

Rule of Law

Issue

Holding and Reasoning (Hall, J.)

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