Here's the Verified Complaint in a case recently filed in U.S. District Court in New Jersey:
Plaintiffs Jenkinson’s Pavilion, a corporation of the State of New Jersey and Jenkinson’s South, Inc., a corporation of the State of New Jersey, (collectively “Plaintiffs”), bring this action, inter alia, (a) for a declaration as a matter of law that the United States Army Corps of Engineers (“USACOE”) has not required, and does not require, for purposes of the “Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project,” the acquisition of perpetual rights in privateproperty for purposes of establishing recreational public beaches landward of the area already subject to public ownership and rights of public user pursuant to the New Jersey Public Trust Doctrine, and (b) enjoining the Defendants from taking actions in furtherance of the “Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project,” in advance of a determination on the relief requested in this Complaint.More here from NJ.com ("Jenkinson's suing feds, state over beach replenishment plan"), and from the Associated Press ("New Jersey Beach Owner Sues Over Dune Project").
Our Owners' Counsel of America colleagues at New Jersey's McKirdy & Riskin represent the property owners.
Will we be following this case? For sure.
