Slocum 330: Slocum and the Border War

Slocum and the Border War (Paperback)
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Slocum and the Santa Fe sisters. Slocum and the lady reporter. At trial, Ormsbee conceded that this was improper. Clint Adams the Gunsmith 5: Slocum and the Widow's Range Wars.

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Slocum and the horse thieves. Slocum and the noose of hell. Slocum and the silver ranch fight. Slocum and the long wagon train. Slocum and the deadly feud. Slocum and the Indian ghost. Seven graves to Laredo. Slocum and the Arizona cowboys. High, wide, and deadly. Slocum and the wild stallion chase. Slocum and the Laredo showdown. Slocum and the claim jumpers. Slocum and the Cherokee manhunt. Slocum and the El Paso blood feud.

Slocum and the blood rage. Slocum and the Cracker Creek killers. Slocum and the Red River renegades. Slocum and the gunfighter's greed. Slocum and the Arizona kidnappers. Slocum and the hanging tree. Slocum and the Abilene swindle.

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Blood at the crossing. Slocum and the buffalo hunters. Slocum and the preacher's daughter. Slocum and the gunfighter's return. Slocum and the crooked judge. Slocum and the Tong warriors. Slocum and the outlaw's trail. Slocum and the plains massacre. Slocum and the Idaho breakout. Slocum and the cattle war.

John Slocum Series in Order - Jake Logan (page 7) - FictionDB

Revenge of the gunfighter. The Wyoming cattle war.

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Slocum and the town tamer. A noose for Slocum. The horse thief war. Slocum and the plains rampage. Slocum and the death dealer. Slocum and the Apache raiders. Slocum and the Deadwood treasure. Slocum and the trail of death. Slocum and the stagecoach bandits. Slocum and the hanging party.

Slocum and the Border War

The Grandville bank heist. Slocum and the death council.

Slocum and the timber king. Slocum and the railroad baron. Slocum and the river chase.

Slocum and the sharpshooter. Slocum and the bushwhackers. Slocum and the Wyoming frame-up. Slocum and the forty thieves. Slocum and the tin star swindle. Slocum and the nightriders. Revenge at Devils Tower.

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Slocum at Outlaws' Haven. Ambush at Apache Rocks. Slocum and the buffalo soldiers. Slocum and the phantom gold. Slocum and the invaders. Slocum and the mountain of gold. Slocum and the cow town kill. Slocum and the gold slaves.

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Slocum and the ghost rustlers. Slocum and the Fort Worth ambush. Slocum and the west Texas plunder. Slocum and the Snake Gulch swindlers. Slocum and the Shoshone whiskey. Slocum and the lady 'niners. Slocum and the pirates. Slocum and the spotted horse. Slocum at Dog Leg Creek. Slocum and the dirty game. Showdown at Drowning Creek. Slocum and the Bear Lake monster. Blood on the Rio Grande.

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Slocum and the gold-mine gamble. Slocum and the Apache ransom. Slocum and the Walapai war. Slocum and the Frisco killers. Slocum and the great southern hunt. The Arizona strip war. Slocum at Dead Dog. Slocum and the town boss. Slocum and the lady in blue. Slocum and the Powder River gamble. Slocum and the Colorado riverboat.

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Slocum and Doc Holliday. Slocum and the Comanche rescue. Slocum and the real McCoy. Blood on the Brazos. Slocum and the scalplock trail. Slocum and the Texas Rose. Slocum and the comely corpse. Slocum and the great diamond hoax. Slocum and the Lone Star feud. Slocum and the last gasp. Slocum and the miner's justice. Slocum at Hell's Acre. Slocum and the wolf hunt. Slocum and the baroness. Shapiro and John P. Thurber, for plaintiff Alfred A. Slocum, Public Advocate of New Jersey, attorney.

Slocum, challenges the reasonableness of the beach admission fees charged by the defendant, Borough of Belmar, for the use of its ocean beach area, and seeks the following declaratory and injunctive relief from this court:. The complaint in this case was filed on May 22, The parties engaged in extensive discovery. Six expert witnesses testified on behalf of the litigants in an eight-day trial.

Specifically, this court must determine whether the beach fees imposed by Belmar produce revenues in excess of that necessary to offset legitimate beachfront related expenditures, and therefore, exceed the fees permissible under N. Belmar is an oceanfront resort community located in Monmouth County, New Jersey, maintaining a year-round population of approximately 6, residents which nearly doubles during the summer months.

In addition to the summer increase in resident population, Borough Clerk Charles Ormsbee, testified that as many as 25,, people visit Belmar on peak summer days. The reason for the influx of seasonal residents and day visitors in the summer is Belmar's ocean beach. Belmar's land area is approximately one square mile, with a beachfront area that extends 1. Belmar's ocean beaches run the entire length of the municipal border east of Ocean Avenue. Ocean Avenue is parallel to the boardwalk and connects Belmar with Avon to the north, Spring Lake to the south, and Shark River to the west.

The average width of Belmar's beaches, depending upon the tide and the location, is feet. This provides approximately According to Borough Engineer, William Birdsall, the recreational capacity of the beach, using the "comfort zone" standard of people an acre a day, is just over 40, An elevated wood boardwalk, which is 30 feet wide, runs the entire length of the beach at its western edge. Access to Belmar's boardwalk is provided at 21 points by both ramps and stairways to Ocean Avenue and to the beach itself.

Drinking fountains and freshwater showers are located on the beach at the base of each access ramp. Public facilities on the boardwalk include five restrooms, lockers for bathers, a pavilion, a first-aid station, numerous benches and trash containers. All of the facilities and equipment on the beach and boardwalk are owned and maintained by Belmar. To the west of Ocean Avenue, there are many commercial establishments, including numerous restaurants, bars and retail shops, as well as Belmar's "Playland. These attractions generate a substantial amount of summer season traffic "irrespective of the beach.

Several major roadways provide access to the municipality from almost every part of New Jersey, as well as the Philadelphia and New York metropolitan areas. State Highway 35, which runs in a north-south direction through Monmouth and Ocean Counties, is Belmar's westernmost roadway. The eastern end of Interstate terminates in Belmar. Belmar began charging a beach admission fee in Today, the purchase of a beach badge is required for admission onto Belmar's beaches from 9: Belmar's summer season opens on the Saturday of the Memorial Day weekend, and continues until Labor Day.

Badges are not required on weekdays until approximately June 15th. Under Belmar's beach fee ordinances, children under the age of 14 are not required to have beach badges. Senior citizens, defined by the borough as anyone over 65 years of age, are offered a discount on the price of season badges. No badge is required and no fee is charged for the summer season use of the beach after 5: Furthermore, no badge is ever required for the use of the boardwalk. This year, Belmar has formed a beach utility to oversee the operation of the beach and its related accounts.

The public trust doctrine has always been recognized in New Jersey and is deeply engrained in our common law. The doctrine is premised on the common rights of all citizens to use and enjoy tidal land seaward of the mean high water mark. Owners Ass'n, 86 N. The Supreme Court in Bor. Furthermore, the public trust doctrine should not be considered fixed or static, but should be molded and extended to meet the changing conditions and needs of the public it was created to benefit. Accordingly, in order to exercise rights guaranteed by the public trust doctrine, the public must have access to municipally owned dry sand areas as well as the foreshore.

The Public Advocate contends that Belmar has failed to adopt beach fee setting policies that conform to the municipality's duties and responsibilities under the public trust doctrine as a trustee of a public beachfront. Belmar claims that the fact that it is required to administer its dry sand beach in trust for the use and enjoyment of all the citizens of the State does not convert the municipality into a trustee.

A trustee is defined as the person appointed, or required by law, to execute a trust; one in whom an estate, interest, or power is vested, under an express or implied agreement to administer or exercise it for the benefit of another. Black's Law Dictionary 5 ed. The statute grants the municipality the power to make and enforce rules and regulations for the governing and care of the beach and its facilities. New Jersey courts have traditionally recognized that the sovereign's ownership is "in trust for the benefit of the public.

The New Jersey Supreme Court recognizes the municipality's trustee obligation over public beaches by characterizing the lands subject to the public trust doctrine as "trust lands. As such, I find that Belmar has breached its duties and obligations as a trustee. A public trustee is endowed with the same duties and obligations as an ordinary trustee. That is, the trustee owes to the beneficiary a duty of loyalty, Branch, supra, 99 N. Additionally, a trustee has the duty to keep clear and adequate records and accounts.

In re Herr, 22 N. When the trustee fails to keep proper accounts, all doubts are resolved against him. Di Maria, 40 N. I find that the borough, as trustee, has shown little care and foresight in regard to its beneficiaries the beachgoing public. The evidence in this case clearly indicates that Belmar breached its duty of loyalty to the public by increasing beach admission fees, rather than real estate taxes, in order to raise the borough's general revenues. The borough failed to keep clear and adequate records of beachfront expenditures. Belmar's expenditures were not traceable to any records maintained by the borough but rather were based upon guesses and estimates by the borough clerk and staff.

Belmar commingled its general revenues with its beachfront related revenues. It operated the beach area as though it were a commercial business enterprise for the sole benefit of its taxpayers. This conduct resulted in surplus beach fee revenues being used to subsidize other municipal expenditures for the exclusive benefit of the residents of Belmar, rather than being set aside to meet future beach-related costs. These actions place the interest of Belmar's residents before those of the beachgoers, in violation of the borough's duty under the public trust doctrine.

Additionally, I find that the appointment of a trustee, as requested by the Public Advocate, is unnecessary. The public trust doctrine mandates that the beach be open to all on equal terms without preference. Van Ness, supra, 78 N. The Court in Avon stated that the enactment of a statute authorizing a municipality to charge beach user fees did not manifest legislative intent to authorize discrimination in fees between residents and nonresidents.

Avon, supra, 61 N. The Court went on to hold that municipalities may validly charge reasonable fees for use of their beaches but may not discriminate in any respect between residents and nonresidents. This court finds that Belmar's price structure for beach fees discriminates against nonresidents by imposing a disproportionately and inequitably high fee on daily and weekend beach badge purchasers.

Active discrimination is a mental process in which one willingly chooses one alternative over another. This intent to discriminate is found by examining what was said and done in the circumstances of the entire transaction. Belmar experienced extreme overcrowding on the beach and boardwalk during the season.

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There was tension and antagonism among community residents towards outsiders. This outcry led the commissioners to raise the fee, effectively precluding many nonresidents from using the beach. Evidence of Belmar's intent to discriminate is apparent by the double fee charged on weekends as compared to weekdays.

Any additional costs that Belmar may incur in operating and maintaining the beach on weekends should be offset by the additional revenues that will be collected by the increased number of beachgoers. Additionally, the disproportionate price gap between seasonal and daily admission fees is further evidence of Belmar's intent to discriminate against nonresidents. The majority of weekend badge purchasers were nonresidents and the difference between the cost per day for a seasonal badge and the cost per day for a weekend daily badge was quite extreme.

By paying a vastly greater per day price for their badges, the daytrippers have been subsidizing season badge holders. Additional proof of this discrimination is the fact that Belmar, without justification, has raised the price of daily and weekend badges faster than the price of seasonal badges. The Public Advocate claims that the statute only includes costs associated with the operation and maintenance of the beachfront. Belmar contends that beach related expenses include all those expenditures which the municipality would not incur if it was not a beachfront community.