AVALON –– Before towns go ahead and shred their State Aid Agreements, state Attorney General Anne Milgram’s Office plans to appeal an Appellate Court decision in favor of Avalon, Stone Harbor and county freeholders in a lawsuit that challenged Department of Environmental Protection (DEP) requirements to get state funds for beach restoration.
Lee Moore, spokesperson for the Attorney General’s Office, told the Herald his office filed a notification of its intention to petition to the state Supreme Court and a request for an extension to Jan. 20 to file the petition for certification.
Moore would not go into detail concerning the arguments, but said information would be released after the extension time.
“We take issue with the Appellate Court’s ruling and we hope to have the opportunity to make our argument to the Supreme Court,” Moore said.
Because the Appellate Court’s three-judge panel was unanimous in its decision to overturn the DEP beach access mandates, an appeal by right is not possible, since it requires one vote of dissent.
Therefore, an appeal to the seven-justice panel of the state Supreme Court would require a petition for certification in which the court would have to accept hearing the appeal.
Avalon’s attorney Stephen Barse told the Herald one of the three Appellate Court judges was a former DEP employee.
Two years ago, when DEP first proposed the rules, the borough immediately adopted a resolution in opposition.
“It wasn’t a knee-jerk reaction. We consulted with our insurance provider and found it was not in our best interests,” Barse said.
After arguments in September, the Appellate Court ruled in favor of Avalon on all main is-sues concerning the authority and legislative power of the DEP to restrict funds based on 24/7 beach access, parking and number of restrooms.
The centuries-old argument of beach access dates back to the Public Trust Doctrine, which states that all bodies of water are for the benefit of the public, which has a right to access.
Contact Truluck at (609) 886-8600 ext. 24 or at: ltruluck @cmcherald.com
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