Search Site
Menu

L&B Helps to Protect Lake Hopatcong, Ensure Public Access & Protect Property Rights

Our legal team at Lieberman Blecher & Sinkevich recently filed a lawsuit and order to show cause on behalf of a landowner on Lake Hopatcong against the New Jersey Department of Environmental Protection (NJDEP) and Hopatcong State Park’s proposed drawdown of Lake Hopatcong’s water, scheduled to commence on September 22, 2013.

The proposed drawdown would drain five feet of water from the entire Lake in order to create ease of access for a portion of lakefront landowners to perform certain repairs and maintenance to their docks. However, this drawdown affects the entire Lake, including a majority of lakefront property owners who do not need the drawdown, and who may in fact be damaged by it and its consequences.

Our clients fear that history may repeat itself if the drawdown gos forward.  In 2008, a five feet drawdown occurred and completely drained the lake water from our clients’ property, which he leases to Bridge Marina.  The drawdown adversely impacted public access to the lake and was detrimental to marina business.  Access to Lake Hopatcong was consequentially limited or impossible for the citizens of New Jersey who used the Lake for a variety of recreational purposes. Ultimately, many of those citizens were forced to find new waters (and marinas) for their recreational activities; many did not return when the water rose to usable levels over a year later. Additionally, such lowering of water levels has the potential to cause negative consequences to the ecosystem of the Lake; lower water levels affect the Lake’s temperature and can increase levels of phosphorous within, causing potentially irreparable damage to the plant and animal life beneath what is left of its waters.

Our clients allege that this drawdown of lake waters is not being carried out consistent with the NJDEP’s own regulations and permitting process, and that the Water Lowering Permit issued by the Division of Fish and Wildlife is not legal. Importantly, much of Lake Hopatcong is privately owned by the landowners on its shores.  While the NJDEP has certain rights and responsibilities, there is concern that the State is infringing upon the rights of property owners and taking action detrimental to the public, who rely on the resources of Lake Hopatcong.

On Thursday, September 19, 2013, our attorneys will be arguing an Order to Show Cause and applying to the Court for an injunction to halt the water lowering while the legalities of the NJDEP’s actions are evaluated.  To read more about the case, please consult the following articles:

Leave a Reply

Your email address will not be published. Required fields are marked *

Our Attorneys

Recent Twitter Posts

  • New Jersey sets emergency water standards for new chemicals. https://t.co/trgaaLL1mD
    4 months ago
  • How will New Jersey manage stormwater as the climate changes and flooding increases? https://t.co/dhVLALyzZ2
    4 months ago
  • Unprecedented storms are slamming NJ – learn how to be the best advocate for your clients when the next flood hits.… https://t.co/TicH6iAjP0
    4 months ago
  • Trenton Water Works has removed 25 percent of lead pipes throughout its service area. https://t.co/KUvhMsJlvU
    4 months ago

Recent Blog Posts

Amended Law Allows Additional Time for Condo Associations to Sue Developers

Governor Phil Murphy signed into law an amendment to the New Jersey Statute of Limitations, which allows more time for condominium and cooperative associations to sue real estate developers in
Read More
Amended Law Allows Additional Time for Condo Associations to Sue Developers

Appellate Division Rejects Property Owner Challenge to Condemnation Designation as Out of Time Under Local Housing Redevelopment Law

A Lindenwold woman was out of time to challenge her property’s condemnation designation when she did not challenge the condemnation until three years after the land use board passed a
Read More
Appellate Division Rejects Property Owner Challenge to Condemnation Designation as Out of Time Under Local Housing Redevelopment Law

Amended Law Allows Additional Time for Condo Associations to Sue Developers

Governor Phil Murphy signed into law an amendment to the New Jersey Statute of Limitations, which allows more time for condominium and cooperative associations to sue real estate developers in
Read More
Amended Law Allows Additional Time for Condo Associations to Sue Developers

Middlesex County Water Contamination

On October 22, 2021, Middlesex Water Company sent a notice to all residents whose homes were supplied by Middlesex Water Company’s Park Avenue Treatment Plant in South Plainfield. Residences in
Read More
Middlesex County Water Contamination

In The Media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form