STEVEN I. GROSS, ET AL. VS. KEVIN A. IANNUZZI, ET AL. (L-3360-14 AND L-6543-14, ATLANTIC COUNTY AND STATEWIDE) (A-0018-16T2)
Addressing 2017 amendments to N.J.S.A. 58:16A-103 (the Act), the court held that the Act allowed defendant to elevate his Sandy-damaged oceanfront townhome for flood safety, despite prohibitions contained in a Declaration of Covenants governing the townhome development. The court rejected plaintiffs' argument that, even if defendant was allowed to raise the elevation of the townhome's first floor, he must maintain the existing height of the roofline by reducing the living space within the townhome. That cramped interpretation, aimed at preserving plaintiffs' ocean view, would defeat the legislative purpose to encourage flood-safe construction after Superstorm Sandy.
