Use of the dry sand ancillary to use of the ocean for recreation purposes is implicit in the rights that belong to the public under the public trust doctrine, and applying the factors in Matthews to the circumstances here, the public trust doctrine requires that the privately owned dry sand beach owned by defendant must be open to the general public at a fee for services provided by the owner and approved by the Department of Environmental Protection.
August 01, 2005 at 12:00 AM
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