Democratic Council Candidates 'Applaud' Dune Judgment

The Democratic candidates running for seats on Toms River’s Township Council said that the recent state Supreme Court decision reversing the hefty monetary award in a Harvey Cedars oceanfront view case was just and necessary for public safety.

The opinion issued Monday threw out a $375,000 jury award a Harvey Cedars couple received after a sliver of land in front of their oceanfront home was taken in order to allow a dune replenishment project to move forward.

“We applaud the decision of the New Jersey State Supreme Court to overturn the award of $375,000 to a family who refused to allow the building of dunes which we believe are necessary to protect our residents,” said Ward 1 candidate Linda A. Stevens and Ward 2 candidate Paul C. Brush in a joint statement issued Tuesday.

The ruling remanded the case back to an Ocean County trial court and ordered that the special storm protection Phyllis and Harvey Karan's home received from the project must be considered when a value for the easement is assessed.

Ward 1, with a population of more than 23,000, encompasses areas by the ocean and bay. Ward 2, population nearing 23,000, is the center land mass of the township, with Hooper Avenue running through it.

Republicans Maria L. Maruca and Brian S. Kubiel currently represent Wards 1 and 2, respectively, and are seeking re-election in November. Both have been vocal in their support of completing the Army Corps dune project.

These areas “were directly affected by Superstorm Sandy and we will do everything in our power to protect the health and safety of our residents – regardless of where they live or where they vote,” the Democratic candidates said in their statement.

Fellow Democratic candidates Gary Clifton and Eli Eytan, candidates for council in Wards 3 and 4, respectively, said in a statement that while their wards may not have sustained as much direct damage from Sandy all members are responsible for budgeting “regardless of which ward they represent.”

“If elected, we pledge to protect the health and safety of all our residents and businesses in Toms River,” they said.

Areas west and east of Route 9, north of Route 37 to the Lakewood border, make up Ward 3, population nearing 22,000. Ward 4, population 23,000, stretches from the area surrounding Route 37 from Vaughn Avenue and west to Manchester.

Republican incumbents Jeffrey J. Carr and Alfonso Manforti represent Wards 3 and 4, respectively, and are seeking re-election in November.

Mayor Thomas Kelaher has said that he is “optimistic” that the ruling will allow Toms River to initiate condemnation proceedings against those barrier island property owners who have so far declined to sign easements allowing a substantial U.S. Army Corps of Engineers dune replenishment project, according to the news release.

Eminent domain proceedings were too risky of an option without the court's ruling, Kelaher has said, and could have put the township at risk of legal action.