"It's timely that this hearing was held today," Kenneth Porro, an attorney who represents a group of oceanfront homeowners who have not signed the easements, told the Board of Commissioners.

Porro said the importance of the Appellate Division ruling Tuesday is the municipality cannot deny that taking of land does affect property value.

"Harvey Cedars cannot go into court and put down a dollar for a property because they are saying they are helping the homeowner and protecting the home with a dune," he said.

A dune that blocks an ocean view does not allow a breeze and does not permit beach access for a homeowner also comes with a 40 percent property value reduction, according to Porro.

Porro added that an ordinance like the one passed in Harvey Cedars is a double-edged sword.

"In one way it's a victory for the town because they have taken the next step to condemn the homes but on the other hand if they pursue eminent domain they must pay fair market value for the properties, and then we're talking about a lot of money," he said.

Porro added that each of his clients properties is worth at least $1 million.

But oceanfront homeowners in the borough who refuse to sign easements to bring in the multi-million dollar project were outnumbered at the meeting. Victor Grossier, an oceanfront homeowner who has not signed his easement said there was poor attendance because the meeting was in the middle of the week.

"People could not be here. They're working and it's the middle of the week at 4:30 in the afternoon. If I had my way, they would all be here," said Grossier, a gastroenterologist who closed his office early to attend the meeting.

Grossier read from a statement and a received a harsh response from the audience when he said 95 percent of the beaches in the borough were in good condition. Grossier was the only oceanfront homeowner who spoke against the ordinance.

Grossier said he would not sign an easement because they are too broad and allows the corps and DEP to use the land without any limitations or parameters in perpetuity.

"What I missed is there is no consideration of alternate means of approaching this project," he said.

Grossier also said failures with the portion of the project completed in Surf City last year should give the public grave concern about the project.

Along with sand pumped off the coast of Surf City last year were more than 1,200 World War I-era military munitions. A cleanup of those beaches will continue this fall, according to the corps.

With standing room only in the Board of Commissioners chambers, homeowners in support of the project took turns explaining why the project needs to be completed and eminent domain may be a way for that to happen. After each one spoke, the audience applauded loudly.

Wendy Mae Chambers, an oceanfront homeowner and a New Orleans, resident broke down and cried when she addressed the crowded room and Board of Commissioners. Chambers recalled Hurricane Katrina and Long Beach Island's close call with an unusual Mother's Day northeaster. The storm ravaged borough beaches, forcing the Board of Commissioners to truck in sand from the mainland to place on the eroded shore. Oldham said on Monday that 50 percent of that sand is already gone.

"That Mother's Day storm we had was a gift," she said sobbing. "A storm is going to come, and someone will not get out of their house, and they're going to die like a drowned rat."

Doug Simpson, a homeowner in support of the project, raised his voice and spoke passionately about the need for the project in Harvey Cedars.

"If anyone has looked at the pictures of Harvey Cedars from the past we have lost approximately 500 feet of beach since the early 1900s," he said. "If we don't do something we'll lose our first line and then our streets."

Oldham said that there are approximately 1,200 homes in the borough and 15 homeowners are holding out on signing their easements. He said that means only 1.2 percent of the people are delaying the project.

"This project is not just for the oceanfront homeowners, it's for the whole community," said resident Debra Austin. "It's not fair that a handful of people can jeopardize our properties."

E-mail Donna Weaver:

DWeaver@pressofac.com