River Development Corp. v. Liberty Corp.

Subject to the qualifying comments to be set forth, the judgment is affirmed for the reasons expressed in the comprehensive opinion of the Appellate Division, 51 N. J. Super. 447 (1958).

Under part VIII of the opinion it was declared that plaintiff’s statutory authorization or license to reclaim the subaqueous land in question had been lost by abandonment. Ordinarily, a conclusion that a license in land has terminated in that fashion must be reached with great caution. Since *241abandonment bespeaks a voluntary relinquishment and involves the element of intention, mere non-user, though a factor to…