Legal Question in Real Estate Law in New Jersey
Visibility rights
I recently purchased a seond home, a condo with ocean views in Wildwood Crest, NJ. There is a lot across the street directly between my condo and the ocean that is designated as permanent green space set aside for recreation by the State. The Borough of Wildwood Crest has proposed a ''fitness park'' for this location. They just sent me a rendering of the ''fitness park'' which includes an abundance of landscaping (including lots of trees that will clearly block my views as some of them grow up to 75 ft. tall). They have given me 15 days to send comments on the plan. Is there any precedent to require them to change the landscaping? I don't know if it makes a difference but I also have 2 multi-disabled children (ages 11 and 6) that are visually impaired and confined to wheelchairs. They both attend the Maryland School for the Blind.
Thanks for your assistance.
1 Answer from Attorneys
Re: Visibility rights
First, you have to comment there as you have done here. Without that, the town is justified in thinking that the plan is okay with you. I also recommend that you get some good legal advice now before comments are due. Here's why ....
Mathematicians characterize problems of the unknown into "easy", "hard", etc. If lawyers did the same thing, your problem would be bordering on "hard" not because it is difficult to see the mechanics of what to do but rather because your best legal help needs to have a feel for how the township will react to different proposals and positions you might take. In other words, you need a very experienced land use attorney. For that, I recommend David Serlin, Esq. of Moorestown. Lawguru will block phone numbers here, so look him up on the web or contact me and I will get you connected.
See also: http://info.corbettlaw.net/lawguru.htm
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