Church Eminent Domain Vote Delayed In Toms River, Mayor Says

TOMS RIVER, NJ — A final vote on a proposed ordinance to attempt to take over Christ Episcopal Church by eminent domain is set to be delayed, Toms River Mayor Daniel Rodrick confirmed Thursday.

The ordinance, which was introduced April 30, was slated for a final vote at the Wednesday, July 30 meeting of the Toms River Township Council. Rodrick had proposed the plan as part of an effort to increase recreational space in the downtown area, with a large playground, a skatepark and pickleball courts among other amenities.

The proposal ignited a firestorm of criticism from the church, its members and state Episcopal Church leadership as well as from the community, with supporters of the church filling the May council meeting to oppose the ordinance.

In addition, the larger community of faith organizations — including the Interfaith Clergy Association of Greater Toms River and faith leaders from across Ocean County — has united behind Christ Episcopal Church, supporting the church's plans to fight an eminent domain attempt.

Rodrick on Thursday confirmed a report by the Episcopal News Service that said he was going to again delay the council's final vote, which initially was scheduled for May 28 but postponed to July 30.

“As I’ve said, given the Episcopal Church’s declining membership and the number of Episcopal churches in the area, we believed they would be a willing seller," Rodrick said Thursday. "However, as of yet our efforts to meet with church leaders have gone unanswered."

"It has always been my belief that elected official should represent their constituents' interests. So in the absence of a willing seller, we are going to conduct a public opinion poll before moving forward," Rodrick said.

Officials with Christ Episcopal Church and the Episcopal Diocese of New Jersey have said several times since April that the church is not for sale and that they will fight the town's attempts to take the property, which includes a memorial garden where the ashes of 325 people are buried.

The memorial garden poses a significant hurdle for any takeover attempt as moving remains from a cemetery requires approval of every living immediate family member of the person who is buried under New Jersey law.

The Rt. Rev. Sally French, bishop of the Episcopal Diocese of New Jersey, also has rejected Rodrick's comments about the membership of the church, saying it is a vibrant, active community with more than 500 members in good standing. The church has a variety of programs it hosts or operates to assist the community, from support groups for men and for women, support group meetings for those battling addiction and more.

"I am relieved to learn that Mayor Rodrick has removed the ordinance from the July 30 agenda as he seeks the wisdom of the people he serves in Toms River," French said Thursday in a statement. "Attempts to take a house of worship by eminent domain would be a great injustice to the community Christ Church has served for 160 years. It would also infringe on our religious freedom."

A petition on Change.org urging the town to stop the effort has received nearly 10,000 signatures, and a GoFundMe campaign the church created to raise funds for a potential legal battle with the town has raised more than $24,000.

Rodrick did not say when the poll would be conducted but said it will determine the direction the town moves.

"I was always baffled by how — in the face of tremendous opposition — the prior administration continued to push forward with their downtown agenda for a city of high-rise apartments," Rodrick said, referring to the Meridia project that was slated for the former Red Carpet Inn property. Rodrick's administration terminated the redevelopment agreement with Capodagli Properties in August 2024, a move that is now the subject of a lawsuit.

"Our vision for downtown has been one of recreation, but we want to make sure the public supports everything we’re doing," Rodrick said. "We were elected to represent people. If the people support it, we will move forward. If the people do not support it, we will alter our plan."