Capodagli Property Co. has filed a lawsuit against Toms River and Mayor Daniel Rodrick, seeking to enforce the redevelopment agreement for the construction of two six-story towers in the downtown area. The project, which was approved by the planning board in October 2023, has been a contentious issue, with Rodrick vowing to stop the development since taking office in January.
The lawsuit, filed in Ocean County Superior Court, alleges that the township and Rodrick have breached the redevelopment agreement and engaged in a “course of conduct intended to delay and obstruct the project.” Capodagli claims that it has acquired all necessary permits and has spent $3.2 million on the project, but the township’s delays have impaired its ability to secure financing.
Rodrick maintains that Capodagli missed deadlines and failed to provide proof of adequate financing, leading to the termination of the agreement. He also notes that the developer did not file for a CAFRA permit until after the township had put them in default.
The project has been a symbol of overdevelopment in the eyes of many residents, who supported Rodrick’s campaign promises to stop the towers. The mayor has proposed alternative plans for downtown, including a marina and commercial development on vacant parcels.