Barnegat Sues Developer Over Unpaid Fees

Feb 01, 2017

Barnegat Township recently filed a lawsuit in Ocean County Superior Court alleging that a local developer has failed to pay $594,500 in stormwater and drainage assessment fees according to agreements ironed out more than 10 years ago.

Jerry Dasti, township attorney, said in court papers that the Walters Group had paid just $121,500 of that amount. He said most of the fees were accrued from 733 subdivided lots in the Barnegat section of the  Ocean Acres development. According to the suit, the developer was assessed a fee of $500 for each lot.

Dasti said the township is seeking a judgment declaring Walters in violation of the agreements and is also seeking interest and attorney fees. He said Superior Court Judge Mark Troncone had denied a motion by the developer to have Barnegat’s lawsuit dismissed.

“We’re going to go to trial, but I have no idea when it is going to start,” he said.

The agreements date back to 2004, when Barnegat Township adopted an ordinance that divided the Ocean Acres section into two zones: a residential conservation zone, where building is prohibited, and a residential highland zone, where development is allowed only on lots that exceed 10,000 square feet.

Joseph DelDuca, Walters Group partner and attorney, could not be reached for comment. —E.E.

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