BAY HEAD — A Superior Court judge has granted the borough’s application for a temporary injunction enjoining New Jersey Transit from proceeding with work on the Bay Head Yard Substation Repair project.
Councilwoman Jennifer Barnes-Gambert said state Superior Court Judge Mark Troncone “granted the borough temporary restraints on Monday. Arguments are scheduled for June 5.”
New Jersey Transit’s plans for the new power substation at the Bay Head yard on the North Jersey Coast Line were announced earlier this year. In recent weeks, borough officials, along with co-plaintiffs Save Barnegat Bay and Beverly Furze, sought an order to show cause against New Jersey Transit.
At the borough council’s May 4 meeting, Ms. Barnes-Gambert, who chairs the council’s legal and planning committee, said, “There were five allegations in the borough’s complaint.”
She said “We alleged failure to provide adequate notice regarding the electrical service line and the utility poles; violation of the municipal land use law …; failure of New Jersey Transit to comply with the New Jersey Register of Historical Places; and also violation of the stormwater regulations … So, that action was filed and it is proceeding forward.”
In court documents reviewed by The Ocean Star, Judge Troncone’s May 11 ruling states: “being satisfied that Plaintiffs will be irreparably injured if the temporary injunctive relief … is not granted, and for good cause shown,” New Jersey Transit “is hereby preliminarily enjoined and restrained from the performance of any construction or land disturbance associated with the construction of the electrical substation and associated utility improvements …. on the property located at Block 17, Lots 1 and 2, Block 4, Lot 1, Block 3.02, Lot 18, Block 21, Lot 2, and Block 20, Lots 1 and 2.”
New Jersey Transit has until May 29 to file and serve a written response to the order to show cause and 35 days to respond to the lawsuit filed in court.
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