Supreme Court of New Jersey

The Borough of Neptune City, a Municipal Corporation of the State of New Jersey, Lilyan Burke and Evelyn Irons…

July 24, 197261 N.J. 296

Summary

The New Jersey Supreme Court held that a municipality may charge reasonable beach user fees but may not discriminate between residents and non‑residents, invalidating Avon‑by‑the‑Sea's 1970 ordinance. The judgment of the Law Division was reversed and the case remanded with prospective effect from January 1, 1973. Justice Francis dissented, arguing that the municipality could lawfully impose higher fees on non‑residents.