State v. Oliver

In State v. Oliver, 320 N.J. Super. 405, 415-16, 727 A.2d 491, certif. denied, 161 N.J. 332, 736 A.2d 525 (1999), the court denied that the public-trust doctrine prevented a borough from closing its beach to surfboarders during a storm. Judge Carchman reasoned: The right of the public to enjoy that property encompassed by the doctrine is not inconsistent with the right of the sovereign, as trustee, to protect those utilizing such property. This is the essence of the government's inherent authority, if not its obligation, to act in the interest of the public safety and welfare . . . Such action may take the form of the legitimate exercise of police power, for example, to close beaches and preclude use of property, even that falling within the Public Trust Doctrine, when the public safety and welfare is threatened. Ibid.