Sophie Bubis and Alcides Ferreira, Plaintiffs-Appellants v. Jack A. Kassin and Joyce Kassin, Husband and Wife…

Summary

The Supreme Court of New Jersey held that the sand berm erected by the Kassins constitutes a fence, thereby violating both an 1887 restrictive covenant limiting fence height and the Village of Loch Arbour zoning ordinance's fence-height restriction. The Court also concluded that the Coastal Area Facility Review Act does not preempt the municipal ordinance. The majority reversed the Appellate Division and remanded for relief, while Justice Rivera‑Soto dissented, maintaining that the berm is a dune, not a fence.