Logourl black
From our private database of 14,200+ case briefs...

Raleigh Avenue Beach Ass'n v. Atlantis Beach Club

New Jersey Supreme Court
879 A.2d 112 (2005)


Facts

Atlantis Beach Club (defendant) owned beach property. Before 1996, the public could use the beach free of charge. Starting in 1996, it operated a private club on the land, commanding high admission costs and providing comforts to its beachgoers. Just to the north of the Atlantis property was another beach area which was open to the public and was authorized by the state to charge nominal fees for admission. After a local resident was ticketed and charged with trespassing for walking through Atlantis’s beach property in order to get home, the Raleigh Avenue Beach Association (plaintiff) (the Association) sued Atlantis alleging that the public trust doctrine required that Atlantis permit the public free access to the beach through its property, and to permit the public access to a sufficient portion of the dry sand area as needed to enjoy the water. The trial court held that the public was entitled to a limited set of horizontal and vertical access paths through its property, for purposes of getting to the water and for exiting the beach. The trial court also held that, to the extent that Atlantis provided equipment, lifeguards, and other facilities, it would, upon application to the appropriate state authorities, be permitted to charge a reasonable fee for those services. The Appellate Division upheld the trial court’s determination that Atlantis may not limit the horizontal and vertical access to the water, and that Atlantis may charge a reasonable fee to persons spending extended amounts of time on its land, provided Atlantis was providing a service in exchange, such as picking up garbage and providing showering facilities. Atlantis appealed.

Rule of Law

Issue

Holding and Reasoning (Poritz, C.J.)

Dissent (Wallace, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 238,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.