Eminent Domain Attempt On Toms River Church Over, Mayor Says

TOMS RIVER, NJ — Toms River will not be pursuing a controversial attempt to take over a downtown church property by eminent domain, Mayor Daniel Rodrick said Wednesday.

Rodrick made the announcement during public comment at the Toms River Township Council meeting, where members of Christ Episcopal Church and clergy members from other Toms River faith communities spoke out again to oppose a plan that would have turned the nearly 11-acre Washington Street property into a recreation area.

Rodrick said town officials made the decision after conducting a survey of residents and getting responses of more than 60 percent opposing the eminent domain plan.

"When we completed the survey it was pretty clear residents did not want this," he said. "We are not moving forward with the eminent domain of the church."

Leadership of Christ Episcopal Church had announced earlier in the week that the church was not going to pursue an appeal of the Toms River Zoning Board of Adjustment's denial of its proposal to create a year-round shelter.

Rev. Lisa Hoffman told the Asbury Park Press that the church was not going to take that matter any further because of the ordinance that had been introduced in April, which the church's leadership viewed as retaliatory because of its proposal to create the shelter.

Rodrick had announced plans for pickleball courts, a soccer field and an inclusive playground the day before the April council meeting. He believed the Episcopal Church would be willing to sell the property, a belief he repeated Tuesday night as one of the reasons the eminent domain was proposed.

The ordinance was introduced by a 4-3 vote and soon sparked significant protests and promises from the Episcopal Church of New Jersey to fight the move.

After an executive session at the end of Wednesday's meeting, Rodrick again told the audience that Toms River would not be taking action on the ordinance, which needs a final reading and vote to approve before it would go into effect.

Without a final action, the introduced ordinance would expire Dec. 31, said Jerry Dasti, who was serving as township attorney on Wednesday night. But simply allowing the ordinance to expire is not sufficient, members of the audience said.

The council voted unanimously on a resolution created at the end of public comment that said the council opposes any plan to continue with eminent domain.

Dasti recommended that the town advertise for a second reading and final vote on the ordinance, and have the council formally vote it down. Rodrick rejected Dasti's recommendation, saying it would give the appearance that the town was going to move forward with the eminent domain when that is not the intent.