Common Sense For New Hampshire

From their website:

Judge deals blow to Belmar’s beachfront redevelopment plans

BELMAR — Monmouth County Superior Court Judge Lawrence Lawson dealt a blow to Belmar’s plan to redevelopment the beachfront earlier this week when he ruled that the borough’s designation of the beachfront as one in need of redevelopment was invalid.

The decision stems from one of three lawsuits filed against the borough in regard to its plans to redevelop the beachfront after Hurricane Sandy destroyed the pavilions that stood there………………

……………………On Wednesday, May 7, Judge Lawson ruled on the redevelopment lawsuit, asserting that Belmar did not meet the burden required to designate the beachfront area as in need of redevelopment.

In order to be designated as an area in need of redevelopment, the area must be “blighted” at the time of its designation and meet the minimum criteria under the Local Redevelopment and Housing Law, both of which Judge Lawson ruled the beachfront did not meet.

According to the Gallenthin Realty Development, Inc. v. Borough of Paulsboro case, which set the precedent for this case, blight is “[s]omething that impairs growth, withers hopes and ambitions, or impedes progress and prosperity.”

Judge Lawson also ruled that the borough’s designation of the beachfront area as one in need of redevelopment was “arbitrary, capricious and unreasonable,” according to the ruling.

The judge did rule, however, in favor of the borough when he ruled the designation did not breach the Public Trust Doctrine — an assertion the residents who filed the lawsuit made.

“We’re very pleased,” Mr. Pringle said. From the “moment” the borough talked about designating the area as one in need of redevelopment, they thought it was an “overreach and misuse of the redevelopment statute.”…………………

………………….Mayor Matt Doherty declined to comment until he has read the decision.

I’ll publish the decision as soon as I have it.