VIDEO > Judge Rules Margate Dune Project Pause. Army Corp & DEP Tap Dance.


Watch VIDEO below to see how and why Judge  Mendez ruled that the controversial dune building project, now in Margate, must be stopped for at least 7 days. (effective AUG 4)

See tap dancing and defensive moves made by NJ DEP. Plenty of finger pointing going on. Legal mumbo jumbo and collective ganging up on Margate.

But, by far the most interesting defense coming from the DEP, is one of Sovereign Immunity, a legal doctrine by which the sovereign state (NJ) cannot commit a legal wrong and is immune from civil suit or criminal prosecution. Hmmmm….

The State of NJ looks to hide behind sovereign immunity? It’s a legal tactic that can grease the skids for a $63 million beach and dune project with questionable benefits at best, often harmful results at worst.

Are there exceptions to sovereign immunity? Yes.

From Wikipedia: If a defendant can demonstrate that the government’s action was done in bad faith, they can receive damages despite sovereign immunity. Typically if a defendant can demonstrate that the government intentionally acted wrongly with the sole purpose of causing damages, they can recover for injury or economic losses. For example, if access lanes to a major bridge are closed for repair and results in severe traffic congestion, the action was in good faith and the state couldn’t be sued. However, if, as in the Fort Lee lane closure scandal, the lanes were closed in possible yet not proven retaliation against a mayor who declined to support a politician’s campaign, with the explicit purpose of causing traffic jams, such lawsuits could proceed.[22]

Margate Resident Feedback. Listen >

Judge Mendez: Horrendous. Tremendous difficulty. Obstacle course. Pictures are worth a thousand words. Quite alarming. These pictures should be alarming to everyone. Why middle of the summer? Something went really bad here.

[maxbutton id=”1″ url=”http://margatebuzz.wpengine.netdna-cdn.com/wp-content/uploads/2017/08/59825b9196529.pdf” text=”Click Court Order” ]

Judge Mendez Ruling. August 3.

Margate vs NJ Dept of Environmental Protection, US Army Corp of Engineers and Weeks Marine (contractor).

Notable quotes, assertions, accusations, verbal tap dancing and our analysis from the video recorded by NBC’s Ted Greenberg:

Judge says Army Corp of Engineers must be considered a defendant.

DEP throws Army Corp under the bus? Says Army Corp is ‘essential and indispensable party’ to this litigation. Upon hearing this, Judge Mendez said: ‘I hereby order Army Corp of Engineers to be added as additional  party / defendant.’

DEP noted that case law bars NJ and/or Superior Court judge from ordering Army Corps to be joined to this lawsuit… because they enjoy ‘sovereign immunity’ from lawsuits. Mendez recommends that DEP files a motion to dismiss….and immediately orders Army Corp to become defendant.

Defendants scrambling. They want issue fought in federal court, where they might find safe haven? DEP says local Mendez court has no authority.

DEP says:

  • DEP doesn’t have contract with Weeks Marine. This is Federal contract authorized by Congress. (see: Ventnor resident Frank Lobiondo) Only Army Corps of Engineers can direct Weeks Marine (contractor) in how to proceed.
  • Margate wasn’t adequately engaging DEP.
  • ‘Nearly a 100 year rain’ caused ponding between new man-made dunes & bulkheads.
  • Margate should be liable for $100,000 per day in delays. State wanted Margate to post bond for $1 million.

Margate says:

  • DEP is running the dune & dredge project.
  • 1/3 of Margate beach is now unusable.
  • Contamination has been off the charts.
  • DEP was warned that they will create a moat.
  • At least two lifeguards made sick.
  • Irreparable harm.

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Video from Ted Greenberg NBC 10