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Appellate Division Affirms Summary Dispossession of Social Club In Favor of Coastal Protection

Despite over 50 years of ownership and use as a social club, Sunset Beach Sportsmen’s Club, Inc., (the “Club”) located on Sunset and Higbee’s Beach in Cape May County, was recently dispossessed of the land. On June 15, 2022, the NJ Department of Environmental Protection (DEP) filed a summary dispossess action in Superior Court. Prior Read More

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Appellate Division Affirms NJDEP’s Broad Authority To Ensure Public Beach Access Under New Jersey’s Public Access Law

The public trust doctrine is the common law principle that a state holds tidally flowed lands up to the mean high-water mark in trust for the people. New Jersey’s 2019 Public Access Law affirms that this doctrine is “not fixed or static,” but instead adopts to meet changing conditions and public needs. The law gives Read More

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Appellate Division Affirms NJDEP’s Broad Authority To Ensure Public Beach Access Under New Jersey’s Public Access Law

The public trust doctrine is the common law principle that a state holds tidally flowed lands up to the mean high-water mark in trust for the people. New Jersey’s 2019 Public Access Law affirms that this doctrine is “not fixed or static,” but instead adopts to meet changing conditions and public needs. The law gives Read More

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New Jersey Court of Appeals rules in favor of DEP’s ability to create public beach access over private property

In an April 2020 decision of a matter comprised of 63 consolidated cases, the New Jersey Court of Appeals affirmed that the New Jersey Department of Environmental Protection (“NJDEP”) has a right to conduct a regulatory taking of individuals’ private property for certain federally funded projects. State v. 1 Howe St. Bay Head, LLC, 463 Read More

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Post-Sandy Dune Construction: Not So Fast

Did Superstorm Sandy make it safe for the State to deride waterfront property owners for refusing to allow the State to erect two-story beach dunes on their waterfront property? The State may think that such extreme protective measures may be more politically palpable because, after living through Sandy and witnessing her destruction, New Jerseyans better Read More

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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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