Beaches were pummeled after a Mother's Day northeaster, and earlier this month, 4,000 cubic yards of sand were trucked in to be placed on the beach to protect homes. More than half the sand already has washed away, Oldham said, stressing the need for the beach fill. It is necessary for the borough to acquire all of the easements before the multimillion-dollar project can begin.

A portion of the $72 million project was completed last year in Surf City. More than 500,000 cubic yards of sand was pumped ashore along with more than 1,200 World War I-era military munitions. Congress is in the process of securing $11.7 million for a cleanup in Surf City this fall. On Thursday, the state Department of Environmental said the same dredge site would be used if the project begins in Harvey Cedars.

The Groissers have refused to sign the easement, but appeared to be wavering.

"We want a very strict easement or license, and we don't want dunes higher than 20 feet. Then we would seriously consider signing," Carolyn Groisser said. "We don't want a boardwalk and we don't want condos. We want this project for the dunes and beach enlargement and that's it."

Oldham said if homeowners have concerns about a boardwalk or condominiums being built on the beaches, he thinks there are things he can do to put those fears to rest.

Porro said no one in their right mind would sign the easement as it is drafted.

"Any first-year law student would say not to sign this easement," he said.

Porro suggested that Oldham have certain language removed. He held a copy of an easement from Long Beach Township and circled what he referred to as the "offensive language."

The easement reads that the grantor grants and conveys to grantee an irrevocable, assignable, perpetual and permanent easement.

"Take these words out: perpetuity, assignability, appurtenances, which means they could build structures on the dunes. Take these all out," he said.

Martin Flumenbaum, an oceanfront homeowner on 83rd Street, has not signed his easement but said he is very much in support of the beach-replenishment project.

"I have not signed because of the easement and because of the perpetuity. I don't want it assignable. I want my beach, I love my home and I don't want it to go in the water," Flumenbaum said. "I would sign an easement right now that was related to only the project."

He told Oldham that passing the eminent domain ordinance was a mistake. Flumenbaum said that if the borough pursues eminent domain, it will divide the community.

"I think a court will find that eminent domain is too broad an issue for the purpose of the project. I'm not sure I understand the strategy," he said.

Oldham said that 85 percent of the homeowners have signed their easements. The borough will not proceed with eminent domain unless funding is secured for the project, Oldham said.

Porro told Oldham and the small crowd that every one of his clients has said holding out on signing is not about money.

"They want their view, access and, as silly as the word sounds, the wonderful ocean breeze," he said.

E-mail Donna Weaver:

DWeaver@pressofac.com