Save Barnegat Bay, mayor differ on dismissed suit
Environmental group's lawsuit over Traders Cove can be reopened in future
BY PATRICIA A. MILLER Staff Writer

Save Barnegat Bay's lawsuit against Brick Township over the redevelopment of Traders Cove has gone away — for now.

State Superior Court Judge Vincent J. Grasso in Ocean County recently recommended the suit be dismissed "without prejudice," said William deCamp, executive director of the Lavallette-based environmental group.

"That means we can bring it back any time," deCamp said. "If Brick stays true to their word, and builds something that really looks like a park, not a giant marina, then the issue will be over. If they build a giant marina, with gigantic boat slips, which require a gigantic parking lot, then we would have to apply to the judge to reinstate our suit."

The suit cost the township roughly $5,000 in legal fees, Mayor Stephen C. Acropolis said at the Jan. 20 Township Council meeting. He referred to the suit several times as "frivolous."

"It was a lawsuit I don't think should have been filed to begin with," Acropolis said after the meeting. "It was an unnecessary lawsuit that ended up costing the township money. Neither the township of Brick nor Save Barnegat Bay needs to spend dollars on lawsuits. Anytime you take things from the meeting room to the courtroom, you wind up having hard feelings."

Save Barnegat Bay and Brick were once allies in a 2005 court battle against a developer who wanted to build condominiums on the 8.8-acre site off Mantoloking Road.

Save Barnegat Bay signed over its rights to the property when the township closed on it in December 2005, with the understanding that the township would design and develop a public marina and park. The agreement also stipulated that Save Barnegat Bay would be "consulted" for any future use of the site, Assistant Township Planner Tara B. Paxton has said.

The Township Council last year adopted a redevelopment ordinance for the site and began looking for interested buyers. A redeveloper had been set to sign a $4 million agreement with Brick in early 2008 to rebuild the aging marina and rent boat slips, providing he received 180 boat slips.

But the redeveloper later backed out, which rendered Save Barnegat Bay's lawsuit moot, Acropolis has said.

I've really been trying to work with them the whole time," Acropolis said. "We had an agreement that we had to consult with Save Barnegat Bay when we get ready to do the redevelopment at Traders Cove. That was the extent of it. We will continue to meet with Willie until the project is built. It doesn't mean if he doesn't get his way, you file a lawsuit."

Acropolis said at the Jan. 20 meeting the township "won" the suit, a statement de- Camp disagrees with.

"Steve gave impression that the suit had been dropped," deCamp said. "Well, it wasn't frivolous. Save Barnegat Bay has more supporters in Brick Township than in any other town. All we've been saying to the mayor is come clean and tell us how many boat slips you are planning at Traders Cove. He's bad at counting ice rinks. How good is he at counting boat slips?"

Traders Cove currently has 150 boat slips. Save Barnegat Bay would be more comfortable with 120 slips, deCamp said.

The township applied for a $6,516,258 Green Acres grant last year. The application did not ask for more than the current 150 boat slips, Paxton has said.

Eventually there will only be a dock master's quarters and the boat slips at the marina, Acropolis said.

"From a use perspective, we are reducing the intensity of the site," he said. "We have to balance it with what's best for the taxpayers. You have to collect revenue. You have to balance the revenue with the expenditure part."