Appeals court rules against homeowners in dune fight

TRENTON » A New Jersey appeals court has ruled against shorefront homeowners who are seeking to block the state from taking parts of their land for beach replenishment projects.

Owners of about two dozen properties on Long Beach Island and in northern Ocean County claim the state doesn’t have the authority to take private property for the purposes of beach replenishment after 2012’s Superstorm Sandy.

In a ruling published Thursday, the three-judge panel disagreed with the homeowners’ claim that language in state law that allows for “improvement or development” doesn’t cover protecting the shoreline.

The court also held the public can be given access to those beaches. The homeowners had argued that even if the state Department of Environmental Protection is allowed to obtain easements — access to private property — those shouldn’t provide for public access.

“We hold that the DEP acted within its discretion in including public access and use,” the court wrote.

Anthony Della Pelle, an attorney representing several homeowners, said Friday, “We are disappointed with the decision and evaluating whether a further appeal will be filed, or whether our clients will now focus their efforts on ensuring that they receive just compensation for the taking of their oceanfront properties by the State.”

Numerous homeowners up and down New Jersey’s 127-mile coastline have sued to stop beach replenishment projects. Some argue the dunes will reduce prime beach real estate and push down property values. Others say local projects already provide enough protection.

But DEP Commissioner Bob Martin and others have accused homeowners of being primarily focused on denying public access to the beaches.