Threaten to Appeal; New Normandy Beach Sand Dune Walkovers

Bathgate, Wegener & Wolf is currently representing several property owners in the Toms River section of Normandy Beach related to the new sand dune and walkovers.

By way of resolving the dispute with the Township, the Township Council agreed to adopt an ordinance rescinding a precondition that a dune walkover could not be constructed within 250′ of a public access.  The applicable CAFRA (Coastal Area Facilities Review Act) regulations allow a walkover for each homesite adjoining the storm damage reduction easement (SDRE).

The ordinance was adopted, but the Normandy Beach Improvement Association, which owns the dune property, is threatening to appeal Judge Hodgson’s ruling that the oceanfront homeowners have an easement to an access over the dune to the beach, as they had before the SDRE and construction of the new dune.

Bathgate, Wegener & Wolf will continue to represent the individual property owners’ convenient access to the beach that was always theirs before the State’s taking and installation of the dune.