Search Site
Menu
Judge Point Beach must maintain lake

January 17, 2008

Judge: Point Beach must maintain lake

BY Tristan J. Schweiger
TOMS RIVER BUREAU

Citizens fight razing of Milltown building, face ‘strategic litigation’

POINT PLEASANT BEACH — A state Superior Court judge has ruled the borough has a legal obligation to maintain the Lake of the Lillies.

However, Judge Vincent J. Grasso’s decision did not spell out what action the borough needs to take at the lake, which has filled with runoff material over the past few decades. Among Grasso’s reasons for not requiring a specific action was the separation of powers outlined in the New Jersey Constitution.

“As such, it would exceed the authority of this court to require or mandate that the Borough appropriate by bond, taxation or other appropriation, the funds for the dredging or remediation of Lake of the Lillies,” Grasso wrote in the decision.

The decision, for now, caps off a legal fight between the borough and a citizens’ group called Save Lake of the Lillies, which sued the borough in late 2006 in an effort to force the town to dredge the lake.

Both sides said this week that they were satisfied with the ruling.

“I respect the judge’s insight, his research, and the well-thought-out decision. It leaves both sides the opportunity for compromise,” said Sean D. Gertner, the attorney representing the borough.

Stuart J. Lieberman, the attorney for Save Lake of the Lillies, also welcomed the ruling.

“It makes it clear that the municipality has the obligation to comply with restrictive covenants, and that the restrictive covenants are narrow enough that they can be complied with,” Lieberman said.

However, borough officials in the past have said they have every intention of dredging the lake. The problem is funding the project and getting all the necessary approvals in place.

Our Attorneys

Recent Twitter Posts

  • Bald eagles, continuing a remarkable comeback, are now nesting in all 21 New Jersey counties. https://t.co/F8i2rKUedo
    4 days 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

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

Lead Exposure and Frivolous Litigation

Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even
Read More
Lead Exposure and Frivolous Litigation

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