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.