The Minke family wants a judge to throw out Long Beach Township's Eminent Domain Ordinance to prevent public access to the beach through the front yard of their Loveladies home, according to John H. Buonocore Junior, the Morristown attorney representing them. 

LONG BEACH ISLAND, NJ - OCTOBER 31: A National Guard vehicle drives past homes damaged by Hurricane Sandy on October 31, 2012 in Long Beach Island, New Jersey. Earlier in the week Hurricane Sandy made landfall on New Jersey coastline bringing heavy winds and record floodwaters. (Photo by Mark Wilson/Getty Images)

The Township switched its initial plan submitted and apparently approved by the New Jersey Department of Environmental Protection (NJDEP) creating the public access point midway between two existing entrances with parking, not offered at the location of the Minke's property, according to Buonocore.

"In August, without apparently any discussion, or study, or rationale, the Town decided to move it to the Minke's location, which is very close to an existing access," said Buonocore. He added, "So, it seems counterproductive and it doesn't seem to serve the public's interest to put it where they're presently planning on the Minke property."

Buonocore claims Long Beach officials were unable to supply any documentation to support the Town's decision. "Whether the DEP ever acting on this switch, I'm not aware yet," he said.

Most oceanfront property owners aren't against protective storm dunes being built, Buonocore pointed out, noting the proposal to also create a public beach is not required for the Army Corps of Engineers dune construction project or under NJDEP regulations.

"It seems to be somebody got a bright idea: Hey look as long as we're taking the right to build a dune, let's throw in this right to create a public beach when we're all done," said Buonocore.