Posted: August 2nd, 2005

In Raleigh Avenue Beach Association v. Atlantic Beach Club, Inc., A-40-04 (July 26, 2005), the New Jersey Supreme Court held recently that under the public trust doctrine, a 480 foot wide stretch of upland dry sand beach operated as a private beach club must be available to the general public at a reasonable fee for services rendered by the owners and approved by the state Department of Environmental Protection. The Court highlighted the longstanding public access to and use of the beach, a condition of a coastal development permit requiring access and arguably use, the public demand, the lack of publicly owned beaches in the town, and the use of the beach as a business enterprise.