New Jersey Top Court Voids Award for Ocean Views Lost to Sand Dune.
Less than a year after Hurricane Sandy devastated the New Jersey shore, the state's highest court made it easier for cities and towns to avoid paying costly compensation to homeowners whose water views were blocked by the building of sand dunes.
The New Jersey Supreme Court on Monday overturned a $375,000 jury award to a couple who complained that a dune built before the storm to help protect their home had blocked their panoramic beach front and ocean view.
A unanimous five-judge panel said the jury should have been allowed to consider the benefits of the 22-foot (6.7-meter) high dune as well as the loss of value to Harvey and Phyllis Karan's property in the Borough of Harvey Cedars.
In ordering a new trial, Justice Barry Albin said the Karans were not entitled to "a windfall at the public's expense" that could result if they were compensated for their lost view, while ignoring how the dune could help save their home.
http://www.nytimes.com/reuters/2013/07/08/us/08reuters-storm-newjersey-dunes.html?hp