NOTE: THIS PAGE IS IN THE PROCESS OF BEING UPDATED AND REDESIGNED. PLEASE CHECK BACK AGAIN (03/19/11)
ALTHOUGH WE MAKE EVERY ATTEMPT TO RESOLVE ACCESS ISSUES WITHOUT RESORTING TO LEGAL ACTION, OVER THE YEARS C.R.A.B. HAS DEFENDED OUR PUBLIC TRUST RIGHTS THROUGH LITIGATION WHEN WE BELIEVE THAT ACCESS HAS BEEN WRONGFULLY DENIED.
WE HAVE BEEN EXTREMELY FORTUNATE IN SECURING THE SERVICES OF THE RUTGERS ENVIRONMENTAL LAW CLINIC (RELC) TO REPRESENT OUR ACCESS CONCERNS IN A NUMBER OF PROCEEDINGS. ALONG WITH RELC WE HAVE SUCCESSFULLY PARTNERED WITH THE ATTORNEY GENERAL'S OFFICE OF THE STATE OF NEW JERSEY, THE AMERICAN LITTORAL SOCIETY, NYNJBAYKEEPER TO RETAIN AND REGAIN PUBLIC ACCESS TO A NUMBER OF NEW JERSEY BEACHES.
C.R.A.B. is currently being represented by EASTERN ENVIRONMENTAL LAW CENTER .
LINKS BELOW TO PRESS RELEASES, SETTLEMENTS, JUDGEMENTS, AND COURT DECISIONS WE HAVE BEEN SUCCESSFUL IN LITIGATING OVER THE YEARS.
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JANUARY 13, 2010
NOTE: As stipulated in the settlements, the Beach Clubs and the town of Sea Bright were required to deposit funds with the State of NJ to be used to improve public access to the affected beaches within the town of Sea Bright. ALS and C.R.A.B. along with members of the beach clubs were to be involved with reviewing expenditures and access plans. TO DATE WE HAVE NOT BEEN INCLUDED IN, NOR ARE WE AWARE OF ANY IMPROVEMENT PLANS. 3/19/1
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UPDATE 3/13/07:
At a hearing on Tuesday March 13, 2007, Judge Lehrer ruled to allow Citizens Right to Access Beaches and The American Littoral Society, represented by Rutgers Environmental Law Clinic to participate as AMICUS in litigation brought against the Borough of Sea Bright and 9 private beach clubs within the municipality by the Attorney General of the State of New Jersey and the DEP. (docket No C-000296-06)
PREVIOUS LITIGATION NEWS:LITIGATION UPDATE 4/26/07
ONE OF THE NINE BEACH CLUBS, DONOVAN' REEF, HAS AGREED TO SETTLE WITH THE STATE AND PROVIDE FULL ACCESS TO THE PUBLIC. THE OTHER EIGHT BEACH CLUBS REJECTED A COUNTER PROPOSAL BY THE STATE AND ALONG WITH THE BOROUGH OF SEA BRIGHT HAVE ASKED THE COURT TO ALLOW THEM TO FILE COMPLAINTS AGAINST THE STATE AND ARE PROCEEDING TO DISCOVERY. JUDGE LEHRER GRANTED THEM THE RIGHT TO FILE COMPLAINTS AND SIGNED AN ORDER ALLOWING 120 DAYS FOR THE ACTIONS.
LITIGATION UPDATE 9/17/07
AT A CASE MANAGEMENT CONFERENCE HELD IN FREEHOLD, JUDGE CAVANAUGH PRESIDING OVER THE CASE SINCE THE RETIREMENT OF JUDGE LEHRER, VOICED HIS CONCERNS REGARDING THE LACK OF PROGRESS BY ALL PARTIES. HE HAS SET UP A SCHEDULE REQUIRING ALL DISCOVERY TO BY COMPLETED IN 120 DAYS.
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DEP PUBLIC ACCESS RULE INFORMATION AND UPDATES
We have been working with The American Littoral Society (ALS) and several other groups to study and promote the new Public Access Rules.
The State of New Jersey has proposed new regulations aimed at expanding, enhancing and protecting the rights of the public to access the beach and ocean. These rules are a giant step in the right direction for anyone who likes to swim, surf, fish, boat, run, walk, or just sit and sunbathe on the beach. The rules make clear that the Public Trust Doctrine is the law of the shore in New Jersey. The Public Trust Doctrine is a legal precedent dating back to Roman times. It holds that navigable rivers, streams, wetlands, seashores and bays belong to the people. The Doctrine declares that all of us have an unassailable right to access and use the waterfront for traditional purposes such as navigation, commerce, and fishing. A growing body of U.S. case law has expanded that definition to include the assurance of diverse recreational uses, as well as a guarantee of the protection of habitats and natural systems. Through this rule, the NJ Department of Environmental Protection is putting the Public Trust Doctrine into action.
These rules will be opposed by beachfront developers, some towns and others who seek to make the Shore exclusively theirs. Strong support is needed from the public, fishermen, divers, surfers and other coastal stakeholders. The Society is preparing formal comments to the state on the rule, but in the meantime has developed a fact sheet to let our members and the public know of our take on the proposal. CLICK HERE FOR MORE INFORMATION AND TO DOWNLOAD FACT SHEET COURTESY OF ALS.
CLICK ON THE LINKS BELOW TO READ AND DOWNLOAD COMMENTS SENT TO THE DEP IN SUPPORT OF THE PROPOSED PUBLIC ACCESS RULES .
JOINT COMMENTS IN SUPPORT OF THE PUBLIC ACCESS RULES
In addition to signing on to the joint comments above, C.R.A.B. submitted additional comments in support of the rules.
CLICK HERE TO DOWNLOAD AND READ PDF OR OUR COMMENTS
UPDATE: (12/07) THE DEP IS RELEASED THE NEW PUBLIC ACCESS RULE
UPDATE: 3/19/11 THE 2007 PUBLIC ACCESS RULE IS IN THE PROCESS OF BEING SCRAPPED BY THE DEP AND A NEW PUBLIC ACCESS RULE PROPOSAL IS BEING DRAFTED. (see our home page for current information)
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RALEIGH AVE BEACH ASSOCIATION VS. ATLANTIS BEACH CLUB et.al New Jersey Supreme Court Decision
click on link below to read decision syllabus
*Raleigh Avenue Beach Association v. Atlantis Beach Club, Inc., et al. (A-40-04)
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POINT PLEASANT BEACH SETTLEMENTS
Page updated 3/19/2011
