Raleigh Avenue Beach Ass'n v. Atlantis Beach Club
New Jersey Supreme Court
879 A.2d 112 (2005)
Relevant factsFree
Atlantis Beach Club (defendant) converted a previously free public beach into a private club with high admission fees starting in 1996, prompting the Raleigh Avenue Beach Association (plaintiff) to sue after a resident was charged with trespassing for walking through the property to reach home; the trial court and Appellate Division both held the public trust doctrine entitled the public to limited horizontal and vertical access paths through the property, while allowing Atlantis to charge a reasonable fee only for actual services like lifeguards or equipment upon state approval.
IssueFree
Whether the public trust doctrine requires a privately owned dry sand beach area to be opened to public access.
Related cases
Opinion of the Justices (Public Use of Coastal Beaches)649 A.2d 604 (N.H. 1994)Matthews v. Bay Head Improvement Association471 A.2d 355 (N.J. 1984)National Audubon Society v. Superior Court658 P.2d 709 (1983)Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection560 U.S. 702 (2010)State Ex Rel. Thornton v. Hay462 P.2d 671 (1969)