Politics & Government

High Court to Rule On Harvey Cedars, LBI Dune Case Monday

Harvey Cedars homeowners were awarded $375K for sliver of land taken for dune project

New Jersey's Supreme Court will issue a ruling Monday on the case of a Harvey Cedars couple who was awarded $375,000 after the borough used eminent domain to take a small easement needed for a beach replenishment project to move forward.

A federally-funded beach and dune replenishment project was completed in the borough in 2009. Oceanfront homeowners Harvey and Phyllis Karan refused to sign an easement that would allow the project to move forward, and the borough eventually took the tiny easement using the power of eminent domain.

In the court battle that followed, the Karans demanded $500,000, claiming the protective dune cost them their view of the ocean and lowered the value of their property. Eventually, a jury awarded the couple $375,000. The Supreme Court is hearing the case on appeal.

The case is important to Shore residents since Long Beach Island's dunes are credited with protecting the island from breaches during Superstorm Sandy, which could also have flooded mainland communities. An ocean breach in Mantoloking during Sandy destroyed thousands of properties on Ocean County's northern barrier island and in mainland Brick Township. If each homeowner who refuses to sign easements receives awards similar to $375,000, local mayors have said communities could never afford to let the replenishment projects move forward.

The Karans' home survived Sandy.

The Supreme Court announced Friday that it will issue an opinion in the case on Monday.

If the court finds in favor of the Karans' $375,000 judgment, the state legislature is likely to consider a bill sponsored by Sen. James Holzapfel (R-Ocean) that would effectively cap payouts for dune easements taken by eminent domain.


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here