Supreme Court of New Jersey
Sophie Bubis and Alcides Ferreira, Plaintiffs-Appellants v. Jack A. Kassin and Joyce Kassin, Husband and Wife…
August 10, 2005184 N.J. 612
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 and the Village of Loch Arbour zoning ordinance, and found that CAFRA does not preempt the ordinance. The Court reversed the Appellate Division and remanded for relief. Justice Rivera‑Soto dissented, maintaining that the berm is a dune, not a fence.