Atlantic City files response to casino, hospital lawsuit vs 'road diet'

Five beachfront casinos have joined with AtlantiCare in suing to try to stop the reconfiguring of Atlantic Avenue to two vehicle travel lanes from four, with center turning lanes.

Assignment Judge Michael Blee will hear oral arguments at 9:30 a.m. Jan. 26, according to court documents.

The suit, Boardwalk Regency,et al vs. the City of Atlantic City, was filed last month and its brief updated Wednesday by attorney Keith Davis.

Plaintiffs argue the “road diet” will cause traffic congestion and prevent emergency vehicles from getting to AtlantiCare’s emergency department as quickly as possible, possibly costing lives. They are asking the court for a temporary injunction to stop the city from implementing the “road diet” project on Atlantic Avenue from New Hampshire to Boston avenues, and lawyer fees and costs.

The city’s brief, filed Wednesday by attorney Richard Trenk, said federal transportation agencies, state agencies and the city’s professional staff have all concluded that the road diet will not hinder emergency vehicles on Atlantic Avenue.

“Thus, Plaintiff cannot demonstrate any genuine irreparable harm at stake,” the city’s brief claimed.

It asked the court to deny the plaintiff’s requests.

The plaintiffs have argued the city has not done a true traffic study to determine how traffic flow will be changed due to the slimmer road.

The city has argued it has conducted a traffic study, and its brief includes data from it.

On Dec. 22, Blee denied the plaintiffs’ request for an immediate injunction to stop work on restriping the road to the new pattern, which was then going on for Phase 1 from Maine Avenue in the Inlet to Tennessee Avenue in Midtown.

The restriping on Phase 1 has since been completed, and the city said in its brief it has already resulted in fewer accidents on the section of road covered compared to the same time last year.

Charles Marandino LLC is the contractor doing the work, and was also named as a defendant in the lawsuit.

The city also argued the plaintiffs are incorrectly interpreting CRDA’s rulemaking authority, mistakenly saying CRDA has direct control over the roads in the Tourism District.

“Thus, because no statute or regulation requires approval from CRDA, the City had no obligation to seek approval from CRDA,” according to the brief.

In an updated brief filed Wednesday, Boardwalk Regency said state law gives the CRDA oversight regarding changes to roads in the Tourism District, which includes Atlantic Avenue from New Hampshire Avenue in the Inlet to Boston Avenue about four blocks from Stockton University.

“The Tourism District statutes, at N.J.S.A. 5:12-219c(2), provide that once the Tourism District is established, the Authority ‘shall have, with respect to the roads and highways located within the tourism district, exclusive jurisdiction with respect to the promulgation of rules and regulations affecting the control and direction of traffic in the tourism district,’” according to the plaintiffs’ brief.