Local Littoral Society Sues Deal Over Street Vacation
Dillingham: Deal’s action creates a dangerous precedent
The American Littoral Society has filed a lawsuit against the Borough of Deal aimed at protecting public beach access in the 1.2 square mile community, according to a news
The lawsuit comes on the heels of a Board of Commissioners’ approval to vacate the Neptune Avenue access to facilitate a $1 million sale to waterfront developer ICC Neptune Avenue.
“Public access to the beaches and tidal waterfronts of our state is constantly under attack” Dillingham said in a written statement. “We are taking this action to prevent the loss of this important public accessway to the beach, and to ensure that other towns aren’t tempted to sell off the public’s rights to the highest bidder.”
The beach access point is is used by the general public, fishermen and surfers to access the beach for recreational uses, local environmental advocates have argued. Included as a public beach access point on the State Dept of Environmental Protection’s [DEP] website, beachgoers regularly park on the easterly end of the street.
“In the 1850s, our courts recognized the value of street ends in providing the public access to the shore,” said Andrew Provence of Litwin & Provence, the local Littoral Society’s legal counsel. “ It is important to fight this new notion that street ends, which are not typically owned by municipalities, can be vacated for the right price.”
The battle over beach access has been ongoing in the sleepy Jersey Shore community with a population of over 730 residents. Local envirnomental groups have protested everything from permit parking to a waiver on paid beach access for oceanfront residents.
On Monday, a fundraising Facebook page launched in support the Highlands-based nonprofit’s lawsuit.
“Municipalities frequently attempt to limit access by vacating street ends with access to the beach,” said Andrew Chambarry, New Jersey Chapter of the Surfrider Foundation past chair and Littoral Society member. “I’m proud to stand with American Littoral Society, and the locals who have put in the time and effort to fight discriminatory beach practices.”
The lawsuit seeks to overturn the street vacation and invalidate its sale to the private developer, Dillinham said.
“We are filing this lawsuit because Deal’s action creates a dangerous precedent that will encourage municipalities to vacate street ends needed by the public for public access to the beach for monetary consideration,” he said.
[Featured photo courtesy of Bobby Siliato]
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