Edward W. and Nancy M. KLUMPP, Plaintiffs-Appellants,
v.
BOROUGH OF AVALON, Defendant-Respondent.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 22, 2010.
Decided June 22, 2010.
Attorney(s) appearing for the Case
Richard M. Hluchan, argued the cause for appellants (Hyland Levin, attorneys, Voorhees).
Michael J. Donohue, Stone Harbor, argued the cause for respondent (Gruccio, Pepper, De Santo & Ruth, attorneys).
Lewin J. Weyl, Deputy Attorney General, argued the cause for amicus curiae New Jersey Department of Environmental Protection (Paula T. Dow, Attorney General of New Jersey, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel).
Robert M. Washburn, Cherry Hill, submitted a brief on behalf of amicus curiae Builders League of South Jersey, Inc. (Flaster/Greenberg, attorneys).
Michael J. Fasano, Freehold, submitted a brief on behalf of amicus curiae New Jersey Land Title Association (Lomurro, Davison, Eastman & Munoz, attorneys).
David G. Evans, Pittstown, submitted a brief on behalf of amicus curiae Pacific Legal Foundation.
Richard H. Steen, President-Elect, Princeton, submitted a brief on behalf of amicus curiae New Jersey State Bar Association.
Ann F. Kiernan, New Brunswick, submitted a brief on behalf of amicus curiae National Association of Home Builders.
Gordon N. Litwin, Ocean, submitted a brief on behalf of amicus curiae American Littoral Society (Ansell Zaro Grimm & Aaron, attorneys; Andrew J. Provence, on the brief).
Supreme Court of New Jersey.
Justice LaVECCHIA delivered the opinion of the Court.
In the wake of the 1962 Atlantic nor'easter storm that devastated much of the New Jersey shore, the Borough of Avalon (Borough), acting pursuant to authority granted by legislative enactment, built a protective dune on property owned by Edward and Nancy Klumpp (plaintiffs or the Klumpps). Plaintiffs' appeal challenges the Borough's failure to adhere to procedural requirements in executing the taking of their private...
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