NBC10 - Vince Lattanzio
Harvey and Phylis Karen sued the borough of Harvey Cedars because of a 22-foot dune that allegedly obstructed their beach view and reduced their home property value. A jury originally sided that the Karen's would get $375K, but the NJ Supreme Court is requesting a retrial. NBC10's Vince Lattanzio reports.
New Jersey's top court says a $375,000 award to an elderly Long Beach Island couple for ocean views that were lost when a protective sand dune was built was unjustified.
The court says a new trial is needed at which the protective benefits of the dune can be weighed against the value of the lost ocean views when calculating the entire market value of the property. The original trial considered only whether the lost views were worth money, and not whether the added protection was worth anything.
The Harvey Cedars home at the center of the case, belonging to Harvey and Phyllis Karan, survived Superstorm Sandy last October.
The case is being closely watched, in part, because New Jersey wants to build a dune system along its entire coastline.