Search Site
Menu
Citizens sue borough over health of Lake of the Lillies

Posted by the Ocean County Observer on 11/2/06

Lake of the lawsuit

BY CHRIS LUNDY
Staff Writer

Lake’s health spurs suit

POINT PLEASANT BEACH – Residents living near the Lake of the Lilies are suing the borough, claiming the lake’s health is deteriorating because the borough has not dredged it.

The lake has been the subject of several public discussions. The majority wants it restored but disagree over cost, effectiveness and environmental results of plans.

One issue is the phragmites australis, reeds that grow around the lake. Some have cut them down to provide a better view, while others argue the reeds keep geese away, are a habitat for other animals and stop erosion.

Save Lake of the Lilies, a nonprofit corporation, and residents Frank and Barbara Costa filed a complaint Tuesday against the borough for failing to dredge the lake.

The ownership of the lake is divided between the borough and 11 private owners.

The borough acquired the lake in 1974 from George Makin by a deed executed in 1965 which states the lake should be maintained in “a healthy condition for use and enjoyment of the wildlife of the area, and the spiritual, moral and psychic enrichment of the people of the community.”

According to the complaint, the lake’s depth, originally, 5 to 6 feet, is now closer to 1 foot.

The complaint cited a 2000 study done by Bay Pointe Engineering, now Schoor-DePalma, that recommended dredging. However, in February, a Schoor DePalma study recommended removing the phragmites with herbicides and mowing.

The plaintiffs assert the borough violated the Makin deed, making agreements that don’t include the 11 landowners, and disregarding the first study that recommended dredging. They also claim the borough violated New Jersey Open Public Meeting Act by discussing an agreement with the U.S. Department of Fish and Wildlife in an executive session.

They seek the invalidation of the resolution and legal fees.

“What my clients want to know is why is the municipality seemingly turning a blind eye to what needs to be done?” asked attorney Stuart Lieberman.

“They’ve known for quite a long time they have to dredge,” he said. “Why is it they are only working on aesthetic issues?”

He cited fish kills in the last five years and the borough’s proposal to remove the vegetation and install concrete sidewalks and viewing platforms.

Mayor Thomas Vogel said the borough is still in the process of learning what the residents want, a process that will be harmed by this suit.

Meetings have been held to elicit public feedback and studies have been performed to determine facts in the matter, he said.

“It’s disheartening this will limit the ability of others to come to the table and talk,” he said.

The borough filed for a permit with the U.S. Department of Fish and Game to cut vegetation, which could include the reeds, he said. The resolution was required by the DEP so there would be an agency to advise the borough on the matter.

“(The suit is) a waste of taxpayers’ money,” he said. “This money is needed to tackle projects like this and instead it’s wasted on legal matters.”

Our Attorneys

Recent Twitter Posts

  • Bald eagles, continuing a remarkable comeback, are now nesting in all 21 New Jersey counties. https://t.co/F8i2rKUedo
    1 week ago
  • New NJ rules aimed at cutting down pollution from power plants, trucks, and industrial boilers. https://t.co/3sKssy32ew
    2 weeks ago
  • Water Resources Development Act passes the House and now heads for the Senate. https://t.co/njMrE4UDSW
    1 month ago
  • Park with COVID Memorial is Rising on Site of Former Toxic Dump. https://t.co/D3BFZ0Ma1g
    1 month ago

Recent Blog Posts

New Jersey Court of Appeals rules in favor of DEP’s ability to create public beach access over private property

In an April 2020 decision of a matter comprised of 63 consolidated cases, the New Jersey Court of Appeals affirmed that the New Jersey Department of Environmental Protection (“NJDEP”) has
Read More
New Jersey Court of Appeals rules in favor of DEP’s ability to create public beach access over private property

Changes to expect in environmental regulation with the incoming administration

President-elect Joe Biden ran on a platform that highlighted climate change and environmental regulation as national priorities. His plans state the intention to take the necessary steps to decrease our
Read More
Changes to expect in environmental regulation with the incoming administration

NJDEP files Additional Natural Resource Damages claims

The State DEP continues to pursue natural resource damages (called NRD) claims. These are lawsuits where the relief sought is not just a cleanup, which is normally the relief sought
Read More
NJDEP files Additional Natural Resource Damages claims

Landlords: Insurance companies now are denying many Mold Claims

Landlords and other property owners have so much on their plates. They need to worry about increasing utility costs. Taxes are always rising. So are maintenance and repair costs. Then there
Read More
Landlords: Insurance companies now are denying many Mold Claims

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