Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Slocum v. Borough of Belmar

Decided: May 9, 1989.

ALFRED A. SLOCUM, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, PLAINTIFF,
v.
THE BOROUGH OF BELMAR, DEFENDANT



Milberg, A.j.s.c.

Milberg

The sole legal issue presented to the court on this motion for partial summary judgment is whether the Public Advocate's claim for reimbursement of beach fees collected by the Borough of Belmar in excess of its legitimate beach front related expenses for the years 1984-1988 is governed by the provisions of N.J.S.A. 59:1-1 et seq., The New Jersey Tort Claims Act. I hold that it is not.

N.J.S.A. 59:8-3 provides:

No action shall be brought against a public entity under this act unless the claim upon which it is based shall have been presented in accordance with the procedure set forth in this chapter.

N.J.S.A. 59:8-8, which sets forth the procedural time limitation for claims under the act, states:

A claim relating to a cause of action for death or for injury to person or to property shall be presented as provided in the chapter not later than the ninetieth day after accrual of the cause of action. After the expiration of 6 months from the date notice of claim is received, the claimant may file suit in the appropriate court of law. The claimant shall be forever barred from recovering against a public entity if:

a. He failed to file his claim with the public entity within 90 days of accrual of his claim except as otherwise provided in section 59:8-9; or

b. Two years have elapsed since the accrual of the claim; or

c. The claimant or his authorized representative entered into a settlement agreement with respect to the claim.

Defendant contends that plaintiff never served defendant with a written notice of claim as required by N.J.S.A. 59:8-3 and -8, and therefore, that portion of plaintiff's amended complaint seeking to recover surplus revenues should be dismissed.

On May 22, 1987, plaintiff filed this action in lieu of prerogative writs seeking declaratory and injunctive relief with regard to defendant's beach admission fees. Plaintiff seeks a judicial declaration that defendant's beach fees generated revenue that exceeded its beach-related expenses in violation of the statute and that any daily admission fee over "$2" is unreasonable. Additionally, plaintiff seeks an injunction requiring defendant to set its future beach fees at a level that generates revenue to

match expenses, with a maximum daily fee of no ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.