WILDWOODS – The lawsuit asking a judge to prevent Wildwood Crest from leaving the Five Mile Dune project remains on hold, pending whether the affected towns can reach agreement about it.
The state Department of Environmental Protection sent a letter dated March 11 to the four municipalities involved in the $54 million project. The letter said if any municipality pulled out it would kill the entire proposal, which would use mostly federal funds and is designed to bolster shore protection on the barrier island.
On March 19, North Wildwood filed a lawsuit seeking an injunction to prevent Wildwood Crest from dropping out of the project. For its part, Wildwood Crest has said it would like to renegotiate the plan, part of which is to move the shoreline about 650 feet toward the borough and its beachfront structures. The City of Wildwood could lose even more beach to the project. Lower Township is the fourth municipality involved.
Superior Court Judge Susan Sheppard, who was handed the case, asked the parties on March 24 to come back to court on April 15 to argue whether a stay should be granted. Sheppard ultimately suggested that the parties, which include the DEP and the U.S. Army Corps of Engineers, try to come to a resolution.
According to Wildwood Crest’s attorney, Mark Heinzelmann, the litigation was still stayed as of May 8.
“We have been trying to get a meeting set up with the NJDEP and the Army Corps of Engineers to discuss the project and come to a resolution for all of the municipalities,” Heinzelmann said.
He said the effort for a joint meeting was made by North Wildwood, Wildwood Crest and Wildwood. He said the meeting was also requested in writing by Rep. Jeff Van Drew (R-2).
“Despite that, the NJDEP has refused to meet with us jointly,” Heinzelmann said. “And we’ve been unable to make any progress towards resolving this dispute.”
But Larry Hajna, a DEP spokesman, said, “DEP has not declined to meet and remains willing to meet with local officials.” A request for clarification as to whether Hajna meant that the state agency would meet jointly with all four towns was not immediately answered.
Heinzelmann said Wildwood Crest’s position is that it would like all of the parties to meet together and come to a decision that resolves things for everybody and “addresses all our concerns.”
“But the NJDEP is refusing, and so we feel like we’re about at a bit of an impasse,” he said.
North Wildwood’s attorney in the case, Anthony Bocchi, declined comment.
North Wildwood Mayor Patrick Rosenello emphasized the importance of the project to his city.
“North Wildwood’s goal is to prevent a 50-year shore protection plan from going bye-bye, and the court said you can’t just walk away from it,” Rosenello said.
“The ball is in the NJDEP’s court.”
Heinzelmann said that although the Army Corps is a partner, the DEP “is steering the ship, here.”
Contact the reporter, Christopher South, at csouth@cmcherald.com or call 609-886-8600, ext. 128.
