"Bizarre" Condemnation Case Involving 40-Year Old Dune "Taking" Argued Before New Jersey Supreme Court

The New Jersey Supreme Court heard oral arguments on March 22, 2010, after a trial judge and appeals court found Avalon’s adoption of shore-protection regulations resulted in an inverse condemnation of beach property.  A 1962 Nor’easter leveled a home owned by Edward and Nancy Klummp, and Avalon constructed dunes on the property before a house could be rebuilt.  The Klummp’s argue that they are entitled to just compensation because their property was taken for a public purpose, while Avalon argues that the six year statute-of-limitations bars the Klummp’s from bringing their lawsuit over forty years later.   The Supreme Court reserved decision on this appeal.

 This case was previously discussed on this New Jersey Condemnation Law Blog.   

More about the case is available in this article written by Michael Booth of the New Jersey Law Journal.  

 The author wishes to acknowledge the assistance of Cory K. Kestner, Esq., of McKirdy & Riskin, PA, in the preparation of this article.