Politics & Government
Lake Hopatcong Drawdown May Proceed, Judge Rules
Judge Hansbury said plaintiffs may re-file their dismissed lawsuit if they more clearly describe their fraud allegation.
A Superior Court judge in Morristown Thursday denied a marina owner's request and refused to block the five-foot drawdown of Lake Hopatcong, slated to start Sunday, the Daily Record reported.
After hearing about 90 minutes of arguments asserting property owners' rights to the lake, Judge Stephan Hansbury dismissed Brady Road and Bridge Marina owners Joseph and Ray Fernandez's lawsuit and request for an injunction. Joseph Fernandez had accused the NJ Department of Environmental Protection and Lake Hopatcong State Park of fraud.
In a published statement, Ray Fernandez, Joseph's son, said he had to take legal action. He said that following the 2008 drawdown, a lack of precipitation made it difficult for the the lake to get back to its usual level, 9 feet, and he blamed the drawdown for water issues that negatively impacted access to the lake and boosted the growth of weeds in 2009.
Judge Hansbury told the Fernandezes' lawyer, Shawn LaTourette, that if his clients more clearly describe their fraud allegation, they may re-file their lawsuit.
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