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Matthews v. Bay Head Improvement Association

Supreme Court of New Jersey
471 A.2d 355 (N.J. 1984)

Facts

The Bay Head Improvement Association (Association) (defendant), a quasi-public entity, owned portions of the beach in Bay Head, a town on the shore of the Atlantic Ocean. Only Association members were allowed to use these portions of the beach during the day in the summer. Further, the Association generally allowed only Bay Head residents to become members. As a result, nonresidents of Bay Head were generally not allowed to use these portions of the Bay Head beach during the summer. In addition, because there were no public beaches in Bay Head, nonresidents were generally prohibited from using the beach anywhere in the town unless they knew a private beachfront owner.

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Issue

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Holding and Reasoning (Schreiber, J.)

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