Homeowners on Bay Beach Way, a private street that dead-ends at Barnegat Bay, watched in February 2003 as snow drifts piled up in their driveways while across a small lagoon in neighboring Lavallette, snowplows cleared the roads quickly.
When they finally dug out, a movement was born.
Six years later, Bay Beach Way is on the verge of becoming part of Lavallette, the result of a secession battle that could have ramifications for towns across the state.
On Thursday, a state appeals court upheld a trial judge's ruling that Toms River's township council erred when it said the residents couldn't become part of Lavallette.
Unless Toms River appeals to the state Supreme Court, the only remaining hurdle for the Bay Beach Way residents is for Lavallette's council to officially approve the move, an action it took informally 18 months ago. Toms River Mayor Tom Kelaher and the town's attorney did not return phone messages Friday.
"We're elated," said Frank Michenfelder, a longtime Bay Beach Way homeowner who was one of the early supporters of the secession petition. "It's been a long fight."
Such moves are almost unheard of in New Jersey, partly because legislation passed in the early 1980s created more stringent requirements for residents seeking to switch towns. John Paul Doyle, an attorney representing the Bay Beach Way residents, said there were two similar secessions in the 1960s and 70s, both coincidentally involving small pockets of Toms River (then called Dover Township) that became part of Lavallette.
The current case isn't receiving applause from all corners. Bill Dressel, head of the New Jersey League of Municipalities, called it a "dangerous precedent" that could lead to headaches for towns across the state.
"Secession doesn't seem to be the solution," he said. "These residents' concerns may be valid, but they should address them through the political process."
The homeowners say they've already tried that. They have complained about snow plowing delays and irregular garbage pickup, and about emergency services that originate miles away on the mainland portion of Toms River when the center of Lavallette is just blocks away.
"Lavallette has more year-round residents, and we're thought of more as a beach community," said Cathy Scotti, whose family has owned a house on Bay Beach Way since 1983. "Maybe that's why it's harder to get services."
Toms River officials and others have accused the Bay Beach Way residents of seceding to get more favorable tax rates in Lavallette, a charge the residents deny.
"We're not doing it for the taxes, and we've said that from the beginning," resident David Finter said. "It was always about the services."
There is some logic in making Bay Beach Way part of Lavallette. Residents must pass through Lavallette to get to Toms River, and the post office lists their addresses in Lavallette. They also receive water, electric and cable service from the town.
Then there is the social aspect. Maureen Russell, whose pregnant daughter was over for Sunday dinner in 2003 when the snowstorm hit and wound up staying for four days, said Bay Beach Way residents shop, eat and socialize in Lavallette as a matter of convenience and habit.
"We have nothing against Toms River," she said. "It's just not the community we live in."
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