ASBURY PARK - City officials and waterfront redeveloper Asbury Partners yesterday applauded a court ruling that the waterfront plan adopted last year is constitutional and that the city did not exceed its authority when it denied property owners the right to develop their own parcels.

Superior Court Judge Lawrence M. Lawson said the city had concluded that to allow the property owners to conduct their own redevelopment on the beachfront would thwart the new plan, which he found to be "predominantly fueled by the public interest."

"The logic for the city's decision may stem partly from the fact that redevelopment of Asbury Park has progressed little, if any, since 1984 when owners were afforded this opportunity (to develop their own properties)," Lawson wrote in a decision dated June 11.

Lawson found the city's waterfront plan to be comprehensive, providing the opportunity for new residential and commercial development while also preserving historic buildings.

Mayor Kevin Sanders said the decision had removed a big hurdle, and Asbury Partners' chief operating officer, Larry Fishman, agreed."We believe this lifts a cloud that was hanging over the redevelopment and allows us to proceed with confidence," Fishman said.

About 15 property owners had challenged the constitution ability of the waterfront plan, saying they had lost their right to develop their own properties without having to go through Asbury Partners, which has the role of master developer, signing up sub developers for different portions of the 56acre waterfront area.

"I think this decision further adds confidence and stability to a project that is excellent for the city," said City Manager Terrence J. Reidy. "It maintains momentum and gives confidence to everyone to move forward and invest in the project."

APPEAL PLANNED
Paul V. Fernicola, the lawyer repressing the property owners who sued the city, said yesterday that his clients would appeal and that he thinks they stand a good chance of winning.

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