Somers Point, NJ Residents Object To Golf Course Housing Project

There is a Somers Point, New Jersey Planning Board meeting tomorrow, Wednesday, February 15, 2023 at 7:00 p.m.

We have received information from David A. Perry regarding a Somers Point, New Jersey matter that was thought to be resolved 17 years ago.

It’s an encapsulated refresher course from a group formerly known as the Concerned Citizens of Somers Point, who successfully filed the original lawsuit.

Here is some of the background information regarding this issue from Perry:

“Approximately 17 years ago the original group of Concerned Citizens of Somers Point filed a lawsuit against Plantation Bay, to enforce a 1927 deed restriction that does not allow any building on the golf course property were included in a Builder's Remedy lawsuit by Judge (William) Nugent, Plantation Bay LLC and City of Somers Point,” said Perry.

”In one of Judge Nugent's decisions, he ruled that there was an enforceable deed restriction, agreeing with the Concerned Citizens of Somers Point.
At the same time Judge Nugent said that he had the authority to modify the deed restriction based on equities,” said Perry.

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Judge Nugent also ruled that he had the authority to modify the deed restriction based on equities. The argument was that the City of Somers Point did not have affordable housing.

Perry advised that from there the lawsuit was handed over to Judge James Isman. In his final decision, Isman ruled in favor of Plantation Bay and the City of Somers Point settlement agreement.

”Judge Isman based his ruling on several facts in making his decision. The main fact was the golf course would provide 75 residential rental units for families made available to low and moderate income to be built under COAH guidelines. This ruling wouldbe put into effect to help solve the city's 68 affordable unit deficit to satisfy rounds 1 and 2 of Somers Point COAH obligation,” said Perry.

Perry added:

“THIS MANDATE IS REQUIRED FOR THE DEED RESTRICTION TO BE MODIFIED. After the above lawsuit was ruled upon, the attorney for the Concerned Citizens of Somers Point said we could appeal the decision. If the group did not appeal, all parties must abide by Judge Isman's FINAL DECISION,” said Perry.

Perry continued:

“On December 21, 2022, the golf course owners came before the Planning Board with a new proposal. The new proposal did not include the 75 low and moderate family rental units needed for the deed restriction to be modified or to solve the CITY'S COAH obligation of 68 rental units.”

“During the meeting there was some discussion about the settlement agreement that the city and owners of the golf course had agreed to in the 2008 Builders Remedy lawsuit and as far as we know no mention of Judge Isman final ruling.”

“In 2018 the city put forward a report to the fair share housing center. In the report they stated that 75 low and moderate family rental units were to be available from the plantation settlement and refer to Judge Isman final decision as proof with a copy of his order. There was no mention of what was needed to modify the deed restriction to be able to build on the golf course,” said Perry.

“In 2020 the city put forward a report to the fair share housing center. Again, the 75 low to moderate income family rentals units would be available but this time there was no mention of Judge Isman Final Decision,” said Perry.

“Time after time, again, the city of Somers Point is relying on the 75 low and moderate family rental units to solve their deficit of COAH obligation rounds 1 and 2.”

“We do not think that the planning board has the legal authority to approve any project involving building on what is now a deed restricted property that was ruled on by Judge Nugent.”

It is Perry’s considered opinion that The city of Somers Point and the golf course owners should both obey Judge Isman’s final decision.

The Somers Point Planning Board will be revisiting this matter tomorrow night.