Liberty Landing Marina at Liberty State Park in Jersey City on Tuesday, Feb. 6, 2024. (Reena Rose Sibayan / The Jersey Journal)
Eight environmental groups have filed a joint-lawsuit against the New Jersey State House Commission, seeking to overturn its approval of a 60-year lease for a Marina in Jersey City’s Liberty State Park.
The crux of the controversy is a proposed 60-year lease agreement between the New Jersey Department of Environmental Protection (NJDEP) and Suntex Marinas, a national marina operator that already runs Liberty Landing Marina under a deal with 20 years still on the clock.
As part of the deal, the company would build a 70-foot-tall dry-rack boat storage warehouse covering 2.3 acres and capable of storing 500 vessels near the park’s northern entrance, according to the design renderings published by 3D Design Plus, Inc., an architecture firm.
The agreement would cost Suntex a minimum of $900,000 yearly for the 42.25 acres of land. The deal has not been signed under Gov. Mikie Sherill’s administration.
The environmental groups that filed the lawsuit include the Friends of Liberty State Park, New Jersey Conservation Foundation, New Jersey League of Conservation Voters, NY/NJ Baykeeper, New Jersey Environmental Lobby, Pinelands Alliance, New Jersey Highlands Coalition, and Ramapough Culture and Land Foundation. All groups are being represented by the New Jersey Appleseed Public Interest Law Center.
“The governor has the opportunity to direct NJDEP not to sign this lease, and to perform a more careful assessment of the value of the marina and the parkland before deciding how best to utilize this public property,” said Emile DeVito, manager of science and stewardship at New Jersey Conservation Foundation, in an email statement to Slice of Culture.
The advocacy groups claim the issue is two-fold:
- NJDEP never formally appraised the lease’s value prior to advancing it
- The extension on the lease agreement was offered solely to the current lessee, in the case, Liberty Landing Marina—no competing proposals were ever bidded out
The State House Commission argues that they approved the lease without issuing any written explanation for its decision—a procedural lapse that environmental groups contend violated the state’s Open Public Meetings Act.
Under the new agreement, Suntex’s lease would run through 2086. The state has also committed up to a financial forklift of $30 million to rehabilitate the deteriorating bulkhead.
The New Jersey State House Commission voted 5-2 in approving the lease agreement on Jan. 15. Critics allege the warehouse violates a 1990 National Park Service Record of Decision, which places a cap on any boat storage facility at the park at half an acre, according to state statute.
Local officials have also kept abreast with the issue.
“I am happy to see these eight organizations take action,” said Ward E Councilwoman Eleana Little to Slice of Culture.
“Any commercial facility at this location should be limited to a single story, so as to not obstruct views.”
The deal was approved in the State House Commission’s final session before Gov. Phil Murphy left office. Slice of Culture reached out to NJDEP for comment on the recent joint-suit, but none have been provided since the time of this reporting.
“Folks have been up in arms about this one and understandably so,” said former NJDEP commissioner Shawn Latourette, who spoke to Slice of Culture on this matter.
He said the state had already “fulfilled its appraisal obligation” through the Ogden-Rooney process—a state review required by New Jersey mandate before the DEP can lease state-owned land for 25 years or more. By appraisal obligation, Latourette means that the state adhered to reviewing the market value of the property prior to the approval of the lease agreement.
An OPRA sent to the NJDEP by the Law Office of Thomas Paciorkowski on Nov. 28 last year indicated that the department could not “identify any valuation, appraisal, or highest-and-best-use analysis,” records reviewed by Slice of Culture show.
“Instead, they explained that the Department relied on projected rents, revenue assumptions and capital-cost considerations,” rather than a substantial legal provision.
“The public’s right to participate in public meetings was compromised by technical difficulties when the State House Commission discussed and approved the marina project. New Jersey’s state parks should not be treated as revenue centers.”
– Greg Remaud, executive director of NY/NJ Baykeeper, in an email statement to Slice of Culture.
The lease drew overwhelming public opposition, with more than 1,000 people submitting comments to NJDEP and the State House Commission against the deal with fewer than 10 in favor of the lease.
“We hope the State House Commission’s lease approval will be invalidated, and that Gov. Sherrill will respect the overwhelming broad public consensus of nearly 50 years against the privatization of Liberty State Park,” said Sam Pesin, president of the Friends of Liberty State Park (FLSP), in a statement to Slice of Culture.
“The 60-year lease, allowing the construction of a massive boat storage warehouse, would severely damage the park’s character, openness, purpose and legacy.”
NJDEP and the State House Commission have not responded to requests for comment at the time of publication.
Suntex Marinas also did not immediately respond to a request for comment sent out by Slice of Culture.
“Turning the gateway to Liberty State Park into a luxury yacht storage facility is wrong – plain and simple. I have strongly opposed this plan since it was first announced and I continue to stand with the Friends of Liberty State Park and other community advocates fighting to stop this facility from being built,” said Congressman Rob Menendez (D-Jersey City).
“We stand with our community today and everyday in the fight to preserve Liberty State Park for all of our residents.”
– Congressman Rob Menendez (D-Jersey City) told Slice of Culture.
The fight continues against privatization efforts, and now the decision falls on Gov. Sherill and the DEP administration to move forward with the lease or curtail the agreement all together.
“Now the DEP’s warehouse war on LSP is ‘on the watch’ of Gov. Sherrill and her DEP. The Governor will be an immediate hero or enemy of LSP depending on whether she listens to the almost 50 years of the broad public consensus against privatizing this sacred park behind Lady Liberty!” according to the FLSP site.
