Dear Friends and Supporters,Today, Plaza Place Civic Association, Beach Watch Motel Condominium, Fairness in Taxes, and Ocean City 2050, filed a lawsuit challenging the city's rehabilitation designation for the former Wonderland site. This was a decision that was not taken lightly. We did so because this case is about much more than one property, and because so many of our lawful rights are at stake. Over the past several years, we have watched a troubling pattern emerge in Ocean City. Whether it's the Wonderland property, the Glen Cove Marina, the proposed 125-foot cell tower at 33rd Street and Bay Avenue, or other major projects, the approach has been increasingly the same: The City sides with developers and attempts to bypass long-standing planning protections and reduce the public's rights in decisions that fundamentally reshape our community. The City’s Wonderland rehabilitation designation, for instance, improperly attempts to remove key protections residents count on: safeguards against spot zoning, the requirement that development stay consistent with the City's Master Plan, and residents' right to formally protest certain zoning changes. Regardless of what you believe should ultimately be built at 600 Boardwalk, every resident should be concerned when government seeks to weaken the very protections and rights that ensure development is transparent, lawful, and accountable. That is why we filed this lawsuit. This case is not about stopping progress. We want to see responsible redevelopment at the Wonderland property, and we encourage the City to take immediate steps to begin the Boardwalk Subcommittee's recommendations of market studies, planning work, and negotiations with the developer. Those steps are necessary regardless of this lawsuit or whether a rehabilitation designation exists, and there is nothing about this lawsuit that prevents the City from moving forward with them immediately. We’re asking the Court to void the rehabilitation designation, because it was approved through a process that was legally flawed, and we believe it was intended to take away critical land use protections for residents. The suit argues that the decision was 1) affected by serious unresolved conflicts of interest and 2) that the City did not provide the factual basis required under New Jersey law to justify the designation. At its core, this case is about making sure major decisions are made fairly, lawfully, transparently, and with meaningful community participation. The coalition believes Ocean City can welcome investment and redevelopment while also respecting residents' rights, following established planning laws, and maintaining public trust in local government. In fact, that’s what good governance and good growth really looks like. Thank you for your continued support over the past months. Your emails, attendance at meetings, and willingness to stay engaged have made a real difference. As this case moves forward, we'll continue to keep you informed.
You can find a press release on the filing here.
You can find a copy of our complaint here. Sincerely, Jack Gutenkunst
Plaza Place Civic Association Howie Atkinson
Beach Watch Motel Condominium Association Dave Breeden
Fairness in Taxes Bill Merritt
Ocean City 2050
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