Dolecky v. Borough of Riverton

HAINES, A.J.S.C.

Thomas Dolecky’s home is situated on the Delaware River in Riverton, New Jersey. Bank Avenue, a private road, runs through it at a point approximately 50 ft. from the edge of the river. A grassy area between Bank Avenue and the river, owned by Doleeky, has become a haven for members of the public whose frolics there have become annoying. Doleeky complains of littering and rowdy, disruptive, loud and unpleasant behavior.

Riverton claims that the public has a prescriptive right of peaceful access to the river over plaintiff’s property as the result of adverse use for a period of…