POINT PLEASANT BEACH — A state court judge has rejected a motion by the Borough of Point Pleasant Beach to dismiss a lawsuit filed against it by the owners of the Amethyst Beach Motel.
The ruling, by State Superior Court Judge Marlene Lynch Ford, came on April 25.
Plaintiffs John A. Fernicola and Theresa M. Perrone originally filed a “civil action complaint in lieu of prerogative writs” in May of 2021, challenging the adoption of a municipal ordinance on April 20, 2021, to acquire the property, a 40-room motel lot site at 202 Arnold Ave., either through negotiation or by eminent domain.
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The site is located adjacent to the borough’s Little Silver Lake parking lot, close to the beach and boardwalk, and has been owned by the family since 1962.
Allegations of defamation and libel and slander against Mayor Paul Kanitra were added to the lawsuit on Feb. 18 by Paul V. Fernicola, attorney for the property owners, who is not related to his clients.
The first count of the lawsuit is a challenge to a borough ordinance authorizing the condemnation of the property, the second count that was added is a defamation claim against the mayor, said Paul V. Fernicola.
The judge denied the motion in its entirety stating that there is enough evidence available for the case to continue, the attorney said this week.
“We were thrilled with the court’s decision that the motion was denied and that the judge is allowing the lawsuit to continue,” he added.
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