Van Ness v. Borough of Deal

The opinion of the court was delivered by

Sullivan, J.

The underlying suit was brought by Stanley C. Yan Ness, Public Advocate of the State of New Jersey, against the Borough of Deal charging the Borough with illegal and discriminatory practices in the maintenance and operation of its publicly owned beaches and related facilities. The suit was bottomed on this Court’s 1972 decision in Bor. of Neptune v. Bor. of Avon-by-the-Sea, 61 N. J. 296, which held that a coastline municipality, in the maintenance and operation of its public beaches, could not discriminate in any respect between residents…