ASBURY PARK- The developer of two properties in the city's waterfront redevelopment zone claimed a victory today, even though a judge ruled against him on a motion.

"We're very pleased that the city has acknowledged that it won't use its power of eminent domain on these properties for at least two years," said Paul Fernicola, attorney for Richard De Petro, co-owner of the Britwoods Court Apartments and Jersey Apartments in the 200 block of Second Avenue.

"Once we obtain site plan approvals, the properties will be completely rehabilitated and people will be living in both of them within two years," Fernicola said. "Since they will be in accordance with the city's waterfront plan, it's unlikely that these properties will ever be condemned."

On behalf of De Petro, Fernicola asked state Superior Court Judge Lawrence M. Lawson to approve site plans for the two buildings because the city has not acted on them in a timely fashion. Noting that the city Planning Board is scheduled to hear the Britwoods Court site plan Monday night, Lawson ruled against Fernicola's motion. The lawyer said that a date will be scheduled soon to put the Jersey Apartments plan before the board as well.

De Petro will also receive a permit to put a new roof on the Jersey Apartments building to protect it from the weather, Fernicola said.

"It was a good day," De Petro said of Friday's developments. "It's a great day for Asbury Park because another historic building will be saved."

City redevelopment attorney James G. Aaron, who represented the city in court, could not immediately be reached for comment.

On Thursday, Aaron, Fernicola and other lawyers for oceanfront property owners argued before Lawson for 2-1/2 hours concerning constitutional issues involving the waterfront plan.

The judge will listen to tapes of the testimony and reread briefs submitted by the attorneys before making a decision. Lawson had previously set a date of June 18 to hear other issues.

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