Christ Episcopal Church members and supporters stand in protest April 30 of a proposed ordinance that would allow Toms River, New Jersey, to claim its property. Photo: Mary Frances Schjonberg/ENS
[Episcopal News Service – Toms River, New Jersey] An Episcopal congregation here, after facing months of backlash from some neighbors in response to its proposal for a 17-bed homeless shelter, now has been targeted by the town for possible public seizure of the 11-acre church property through eminent domain.
The congregation, Christ Episcopal Church, says the property is not for sale, yet the elected town council on April 30, during a raucous and contentious meeting, agreed to begin the process of buying or seizing the church and five other properties to create two new town parks.
The Rev. Lisa A. Hoffman, Christ Church’s rector, said that a Toms River resident alerted a parishioner to the addition of the proposed eminent domain ordinance to the meeting’s agenda, and that parishioner contacted Hoffman the evening before the meeting. The town had not notified the church about the pending vote, she said.
“It’s just really shocking and surprising and very disappointing,” Hoffman told Episcopal News Service. “There’s a lot of anger and frustration going on.”
She said she doesn’t see the proposed park plan as a “legitimate reason to seize the property.”
Mayor Daniel Rodrick has been highly critical of the presence of people experiencing homelessness in Toms River, accusing Ocean County of exaggerating the homeless issue and “dumping” homeless people into the township. He has criticized rock star Jon Bon Jovi’s pop-up JBJ Soul Kitchen at the downtown library, claiming it attracts people who are homeless.
The church now faces two different issues with the town. Its overnight shelter plan needs the approval of the Zoning Board of Adjustment. That vote is due on May 22. Six days later, on May 28, the town council is scheduled to take public comment and make a final decision on the land-seizure ordinance.
A schematic shown at the meeting details Toms River Mayor Daniel Rodrick’s plan for the Christ Episcopal Church land, including pickleball courts, a soccer field, a playground and a skate park. Photo: Mary Frances Schjonberg/ENS
Christ Church is by far the largest property of the six that would be affected by the eminent domain proposal. Rodrick has said he wants a park on the church land with pickleball courts, a soccer field, a playground and a skate park. The other properties include three private marinas along the Toms River and an empty lot that would form a waterfront park.
“It is clear and obvious that the township and mayor are acting in bad faith and have ulterior motives,” attorney Michael York told Assistant Township Attorney Peter Pascarella in a letter delivered just before the April 30 council meeting. “Clearly, they are not even trying to hide their actions. This attempt to use eminent domain as an excuse to obtain property is not disguised in this instance.”
York, who was hired by a local affordable housing advocacy group to represent the church, said “even a cursory review of the relevant case law would indicate that the township is in a perilous position.” He promised legal action against the town, council members and any staff “who knowingly participated in this bad faith action.”
Hoffman said the 160-year-old Christ Church is “an active, vital community” with an average Sunday attendance of more than 150. Beyond Sunday, the church is a hub for community outreach, hosting more than 20 support groups and running a food pantry, as well as a weekly clothing distribution effort. It also offers resources to people experiencing homelessness and other people at risk who come to the church for assistance, as does Ocean Christian Community, which rents an older church building on the property.
The Affordable Housing Alliance, which helps people find homes, has operated on the property for almost two years. Hoffman said the group rehoused more than 130 families during its first year at Christ Church. The group also brings in other agencies to help the people it serves.
Some of the frustration that Hoffman identified in the community was obvious April 30 from the outset of the six-minute debate on the issue, during which council members yelled at each other, and one accused another of hating God, Christ, homeless people and humanity.
Council member Thomas Nivison, shouting at times, tried to get the proposed ordinance tabled or to at least remove the Christ Church property from consideration. The motion to table failed 4-3, the same margin by which the council passed the ordinance’s first reading moments later. (The debate begins at the 36:19 mark here.)
David Ciccozzi, another council member, stood to vote against the ordinance and led the room in praying the Lord’s Prayer.
“There’s no way on God’s green Earth that anyone should vote for this ordinance,” council member James Quinlisk said to loud applause and shouts as he cast a no vote. He said passing the ordinance would set up the town for a lawsuit, “one that I don’t think (the mayor) understands the scale of.”
Christ Episcopal Church in Toms River, New Jersey, has proposed adding a facility to its campus allowing for a 17-bed homeless shelter. Photo: Christ Episcopal Church
Under The Episcopal Church’s so-called “Dennis Canon” (Canon 1.7.4), passed by the General Convention in 1979, a parish holds its property in trust for the diocese and The Episcopal Church.
While the Toms River council does not take public comment during the first reading of any proposed ordinance, the members got an earful April 30 during the meeting’s general comment time. The speakers included people who said they had been or currently were homeless. Some talked of struggling with addiction, and many spoke of how churches, including Christ Church, helped them.
“I don’t know whether you believe in Christ or believe in God, but when you start messing with his children, you’ve got a lot of trouble,” Toms River resident Angie Feldman said.
Will Wiencke, a Christ Church member who said he was speaking only for himself, told the council that he wonders what he can do to help alleviate the problem of homelessness. “But I feel like there’s something my church can do. I don’t know how many of you will be here in 10 years, but Christ Episcopal Church will be.”
– The Rev. Mary Frances Schjonberg is a freelance writer who formerly was a senior editor and reporter for Episcopal News Service.