NJ Superior Court Dismisses Faloba’s Flood‑Risk Lawsuit Against Vento’s Plunge Pool

On Oct. 26, 2026, the New Jersey Superior Court’s Appellate Division upheld the dismissal of David Faloba’s lawsuit against Antoinette Vento, the Toms River Township Board of Adjustment, and the New Jersey Department of Environmental Protection. NEWPAR The litigation stemmed from Vento’s 2024 request to build an 8.3‑foot‑from‑bulkhead plunge pool on her waterfront lot, a distance that met the municipal setback of 8 feet but fell short of the 15‑foot coastal rule; the Board granted variances on May 23, 2024. NEWPAR In March 2025 the DEP inspected the site, found the pool sat eight feet from the bulkhead, had an engineering certification, and a conservation restriction, and concluded the project satisfied all permit‑by‑rule requirements for a bulkheaded lagoon lot. NEWPAR Faloba challenged the permits in court, arguing the DEP had not met environmental standards and that the construction would exacerbate monthly tidal flooding his parents’ property experienced. The trial court dismissed the case with prejudice on April 25, 2025, after the DEP’s determination was never disclosed to the parties. NEWPAR A local family whose home sits three stories above the water has expressed relief that the court’s ruling preserves the status quo, while a construction contractor who had been hired to erect the pool said the project will now be abandoned. NEWPAR With the appellate decision final, Faloba has no further avenue to challenge the permits, and the Toms River Board’s approvals remain in force.