Toms River is moving forward with a plan to buy or seize property belonging to a local church that submitted a controversial request to build a homeless shelter. Local officials introduced an ordinance Wednesday to acquire four properties through eminent domain, including the nearly 11-acre Christ Episcopal Church site on Washington Avenue. The township wants to build a waterfront park on the property. Harvey York, the church‘s attorney, said the proposal is a clear act of retaliation for Christ Episcopal’s plans to open a homeless shelter. “It is blatantly illegal, improper, and violates the United States Constitution, as well as numerous New Jersey laws and case law,” York said. “No town has ever done this, let alone done it to a church and it‘s clearly retribution.” Last year, Christ Episcopal Church officials proposed converting its outreach office into a 17-bed homeless shelter — the first of its kind in Ocean County. The plan faced backlash from some residents who voiced opposition at local board meetings. MORE: N.J. church wants to build a 17-bed homeless shelter. Some neighbors are pushing back. A homeless shelter is not permitted within the site’s zoning district, so the church is requesting a variance from the township‘s zoning board. A hearing on the application is scheduled for May 22. But, the township council said it has other plans for the property. The council wants to acquire the church site to transform it into a playground with pickleball courts, a skate park and more, according to Toms River Mayor Dan Rodrick. “It‘s a great location. We’ve had our eye on it for some time,” Rodrick said last week. “The ordinance tonight gives me the right to enter into negotiations to purchase it, but I can also use eminent domain.” A rendering of the proposed park shows a soccer field where the church is currently located and pickleball courts nearby. Christ Episcopal Church officials said the move to take the property through eminent domain was “snuck” onto to the township‘s meeting agenda with little notice. According to Mayor Rodrick, the ordinance is part of a larger plan to redevelop the town’s waterfront district, which has been in the works for years. The other three properties the township is seeking to acquire are privately-owned marinas on Water Street. Merging those properties would consolidate the area into one large municipal marina with public access to the water and nearby restaurants. Christ Episcopal Church‘s outreach office has been operating since July 2023, serving the needy with meals, clothing and other support services. The 10.8-acre property, valued at nearly $2.5 million, is owned by the Episcopal Diocese of New Jersey. The property is in the township‘s downtown, where nearly 20,000 families live. There is currently no neighborhood park in the area, according to the mayor. The ordinance introduced Wednesday was a first reading. A public hearing and vote has not been scheduled yet. Toms River officials hope the Episcopal diocese will be willing to sell the land to the township. If not, Mayor Rodrick said the township is “confident” it will be able to legally acquire the site through eminent domain, which allows governments to pay a fair price for property without the owner’s consent for public use. Due to the church‘s pending zoning board application, Rodrick declined to comment on the plans for a homeless shelter. Homelessness has been a contentious issue in Toms River. Ocean County lacks an official year-round shelter but operates temporary warming centers during Code Blue alerts, including one that opened in January on Route 9. A volunteer-run community kitchen affiliated with rock icon Jon Bon Jovi has also faced criticism from Rodrick who wanted to shut it down, arguing Toms River is already overburdened by the influx of people using the warming center. Our journalism needs your support. Please subscribe today to NJ.com. Nyah Marshall may be reached at nmarshall@njadvancemedia.com