Midway Beach Loses Fight To Take Care Of Their Own Dunes

SOUTH SEASIDE PARK, NJ - Residents of the Midway Beach community have been cultivating the dunes that protect this small oceanfront community tucked away in Berkeley Township for many years.

They took such good care of them that Midway Beach had little damage from Superstorm Sandy, while surrounding areas were decimated.

And they are upset with Ocean County Superior Court Judge Marlene Lynch Ford's decision Friday to rule in favor of the state Department of Environmental Protection's plan to use eminent domain for a dune improvement project by the Army Corps of Engineers, according to a report by the Associated Press posted on nj.com.

Midway Beach's dunes are roughly 25 feet high, compared to the 22-foot height proposed by the Army Corps' project.

Dominick Solazzo, president of the condo association, said the association will appeal the ruling.

"We have an excellent beach right now," said longtime resident Sophie Kauchak, "and we want them to leave it that way."

Ford's decision came after a lawyer for the state promised that no existing dunes will be shortened when the U.S. Army Corps of Engineers undertakes the project.

The decision marked the seventh time a judge has ruled in favor of the state, which has not lost a dune condemnation case in nearly five years of litigation following the destructive 2012 storm.

Ford said she found no evidence that the state demonstrated bad faith fraud or malfeasance in deciding to take the land.

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Photo: Friends of Midway Beach Facebook page.