ELR Citation: ELR 20597
No(s). s. L 26438-70 et al (N.J. May 12, 1972)

In a concurring and dissenting opinion later adopted by the majority in Borough of Neptune City v. Borough of Avon-by-the-Sea, 2 ELR 20519, Justice Hall calls for reinvigoration of the Public Trust Doctrine in New Jersey in order to conserve remaining tide-flowed lands. He concludes that it is impossible to determine whether the Public Trust Doctrine has been violated by the New Jersey Sports and Exposition Authority Law, which authorizes the construction of a sports complex on tide-flowed lands, until the precise use of the land is known. The majority upholds the constitutionality of the statute, but remands the case to allow the Sports Authority to comply with the section of the statute requiring consultation with the Meadowlands Commission and the Department of Environmental Protection on ecological and environmental matters. See also Comment, Public Rights and the Nation's Shoreline, 2 ELR 10184 (Sept. 1972).

Counsel for Plaintiffs
Robert N. Wilentz
Wilentz, Goldman & Spitzer
252 Madison Avenue
Perth Amboy, NJ 08862

Counsel for Defendants
T. Gerard Wharton
Wharton, Steward & Davis
Somerset Trust Co. Bldg.
50 W. Main Street
Somerville, NJ 08876