Stark & Stark Shareholder Timothy P. Duggan, Chair of the Bankruptcy & Creditors’ Rights, Eminent Domain, and Real Estate Tax Appeal Groups, was interviewed in the article Margate Ruling Makes Waves in Still-Active Dune Litigation, which was published in the New Jersey Law Journal on December 17, 2015.
In the article, Mr. Duggan discussed a trial judge’s recent decision to allow an Atlantic County municipality to make its case against the federal government’s current beach replenishment plan. However, there is a high evidentiary burden required in order to overcome a condemning authority, so there is no guarantee this will be an easy victory.
According to Mr. Duggan, “I think there’s a good chance it’s going to work its way up the system…I’m wondering if, based on the decision on Margate, whether or not some other towns are going to take that same route.”
In order to prove their case, Margate was able to obtain expert reports on why improvements to its existing system of bulkheads would be superior to the U.S. Army Corps of Engineers’ current plan to construct dunes on various municipal parcels. However, in order for their plan to begin, they will first need to obtain the land necessary. This will be accomplished through eminent domain.
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