Township’s Duty to Regulate

The Ocean Grove Camp Meeting Association (OGCMA) Has No Municipal Authority, is Governed by the “Governing Body of Neptune Township,” and Cannot Legally Enforce any Rules

In 1979, the NJ Supreme Court Ruled Found that Allowing the OGCMA to Enforce Rules Violated the First Amendment of the U.S. Constitution.

In State v. Celmer, 80 N.J. 405 (1979), the Supreme Court of NJ found that in Ocean Grove “[g]overnment and religion are so inextricably intertwined as to be inseparable from one another. Such a fusion of secular and ecclesiastical power not only violates both the letter and spirit of the First Amendment, it also runs afoul of the ‘establishment clause’ of our own State constitution.” As a result, the Court held that “[t]he Ocean Grove Camp Meeting Association of The United Methodist Church can be delegated neither the power to manage public highways or other public property, the power to make laws, nor the power to enforce Board rules…These functions must henceforth be exercised by the governing body of Neptune Township, of which Ocean Grove forms a part.”  Id. The Supreme Court went even further, saying that while the OGCMA “may continue to adopt rules which it deems necessary to protect Ocean Grove’s unique cultural and spiritual characteristics” the “inhabitants of Ocean Grove and indeed all others who so choose remain free to voluntarily abide by those rules.”

Neptune Township has the Responsibility to Promote Public Safety, Morals, and General Welfare

The Neptune Land Development Ordinance (NLDO) seeks to “exercise the authority delegated to municipalities under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) to regulate development.” NLDO §102.  The Township is to implement the Township of Neptune Master Plan through the provisions of the NLDO in order to “guide the appropriate use or development of all lands in a manner that will promote the public health, safety, morals, and general welfare.”  NLDO §102(A).

NOT only is the Township required to enforce the NLDO, Section §1100 of the NLDO goes on to explicitly state, “[t]hese rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the municipality. Any action taken by the municipality under the terms of this Ordinance shall give primary consideration to the above mentioned matters and to the welfare of the entire community.” NLDO §1100. [emphasis added].