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 report finds that significant offshore wind capacity exists along the Atlantic coast. https://t.co/EQG8d5VMw2
    2 months ago
  • The Murphy Administration plans to spend $200 million on wind port. https://t.co/Se09U5ZHvy
    2 months ago
  • NJDEP aims to simplify permitting process. https://t.co/UTm92DtrAC
    2 months ago
  • U.S. Supreme Court will hear PennEast Pipeline appeal of New Jersey eminent domain dispute. https://t.co/AqqvTw1QD2
    3 months ago

Recent Blog Posts

New Jersey pushes back against pipeline company in US Supreme Court

The State of New Jersey is currently battling PennEast Pipeline Co. in the Supreme Court in attempt to block the construction of a new pipeline. PennEast obtained the necessary Federal Energy
Read More
New Jersey pushes back against pipeline company in US Supreme Court

Stormwater drainage in New Jersey causes increasing issues between neighbors across the state

New Jersey is the most densely populated state in the country. As development continues across the state, flooding disputes between residential neighbors are becoming increasingly common. Generally, a residential property owner
Read More
Stormwater drainage in New Jersey causes increasing issues between neighbors across the state

The “Green” School Bus: The EPA aids the State of New Jersey in transitioning School Buses throughout the State from Diesel to Electric

The development of environmentally-friendly vehicles has been the focus of states and vehicle manufacturers for the greater part of a decade, however not much focus has been placed on updating
Read More
The “Green” School Bus: The EPA aids the State of New Jersey in transitioning School Buses throughout the State from Diesel to Electric

Most recent paraquat lawsuit filed by New Jersey resident against Syngenta, Chevron

For several years, Syngenta, the manufacturer of paraquat, an herbicide, has faced legal consequences due personal injury caused by this chemical, specifically Parkinson’s disease. Most recently, on March 25, 2021,
Read More
Most recent paraquat lawsuit filed by New Jersey resident against Syngenta, Chevron

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