BERKELEY, NJ — Despite South Seaside Park leaving Berkeley Township and joining Seaside Park, the former Berkeley residents are still paying taxes to the township. A lawsuit aims to get that money back.
The lawsuit, filed in Ocean County Superior Court, requests that property taxes paid by former South Seaside Park residents to Berkeley be remitted to Seaside Park.
Berkeley adopted its municipal budget on July 20 including South Seaside Park money.
The lawsuit argues that it is unfair for former South Seaside Park residents to pay taxes to Berkeley without being part of the township and without receiving services.
"The Township has had years of advance notice that the properties located in South Seaside Park would no longer be part of Berkeley Township and should have prepared their budget in anticipation of same," the lawsuit reads.
The township has continued collecting property taxes following a directive from Attorney General Jennifer Davenport, officials said at a recent Berkeley Township Council meeting. Berkeley will continue to do so through the end of the calendar year.
Seaside Park "formally requested the remittance of property taxes paid by its now-residents following March 30, 2026, however the Township of Berkeley has refused to do so," according to the lawsuit.
In response to a former South Seaside Park resident asking if the tax money will be refunded, Township Attorney Lauren Staiger said that "this will all be determined in court."
"Berkeley Township did attempt to resolve these types of issues with Seaside Park prior to a vote being held," John Novak, the attorney representing Berkeley in the lawsuit, said in a response. "However, Seaside Park never responded to Berkeley's efforts at contact."
The lawsuit seeks urgent relief.
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