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Property Law Keyed to Kurtz
Matthews v. Bay Head Improvement Association
Citation:
471 A.2d 355 (1984)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The Borough of Bay Head is a narrow strip of land bordering the Atlantic Ocean. The Bay Head Improvement Association, a non-profit corporation founded in 1910, controlled most of the beachfront property, either through ownership or leases with private owners. The Association restricted beach access primarily to Bay Head residents, who could become members by paying annual fees. The Association employed lifeguards, beach cleaners, and beach police who enforced membership rules. Non-residents were generally prohibited from using the beach during summer daytime hours. The Association owned the land at the end of seven public streets extending to the mean high water line, as well as six other beachfront properties. The municipality had historically cooperated with the Association, providing office space, tax exemptions, and financial support. There was no public beach in Bay Head, meaning the public had no practical way to access the ocean within the Borough.
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Topic Resources
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