Baysave was named as a defendant along with its controller Tony Novak in a lawsuit filed May 4, 2018 by New Jersey Attorney General Gurbir Grewal. The lawsuit does not allege that Baysave or Novak or anyone associated with us did anything wrong, but rather that we are in possession of distressed properties where the stabilization, recovery, transfer, sustainability planning and compliance phases are taking much longer and are proving more complex than anyone had hoped.
The underlying issue is that the entire Money Island marina, in fact most of the small rural port community of Money Island, was built almost a century ago without building permits, land surveys, tideland leases, etc. We assumed these properties would be acquired by the state like other local working waterfronts and that would transfer the issue to the state to deal with (as with other marinas like neighboring Fortescue). But in the years since Sandy, little has actually been accomplished. Apparently the state switched from being a cooperative partner in our restoration efforts to being an adversary. We don’t know why but we suspect the action is not in good faith.
The lawsuit comes down to this: the government has declined at least 15 permit or license applications or pre-application inquiries since Sandy (when Novak legally took over management) and is now suing us because those same permits are not issued. It is, in our opinion, unconscionable for the state to be both the denier of permits and simultaneously bring charges for failure to have permits that should have been addressed decades ago.
Most significant in this matter is the observation that the NJDEP abandoned its normal problem-solving mechanisms (pre-permit planning meetings, application review and comment and alternate dispute resolution) to opt for decline of applications and direct to lawsuit with no attempt at resolution. One NJDEP program director told me that this was the first time in her career that she saw this pattern of action by her department and so she did not know what to advise me.
- PDF copy of the filed complaint.
- PDF copy of the answer to_complaint.
- BaySave talking points on legal defense