A legal war has broken out between a local church and pickleball enthusiasts over land development in New Jersey. 

The drama erupted on April 30 after the Toms River Township Council placed an ordinance to condemn 10 acres of land that is currently home to Christ Episcopal Church to build a new recreational area fit with pickleball court, soccer fields, and playground – among other attractions. 

Prior to the ordinance, the church congregation sought permission in July 2023 to use the land to build a 17 – bed homeless shelter to help the growing issue in the coastal town. 

Although governmental agencies have ‘the right to condemn property for governmental purposes,’ the township ‘has never thought of this as a recreational site,’ according to Harvey York, the attorney representing the church. 

‘For them to say they need recreational land flies in the face of the facts and their master plan,’ York told Fox News. 

York and his legal team believe the town chose to make this move in response to the church’s attempt to try and build a homeless shelter. 

‘It is clear that this is being done in retaliation for the church making an application for a homeless shelter,’ he said, noting that there are constitutional protections for freedom and religion, along with the federal Religious Land Use and Institutionalized Persons Act.

‘I don’t know that you’ll find a lawyer who will say, “Oh, yeah, they have every right to do this; they’re going to win’,’ he told the outlet. 

Christ Episcopal Church in Toms River, New Jersey (pictured) is currently at war with the Toms River Township Council after the mayor placed an ordinance to condemn 10 acres of land there to build a recreational space 

Daniel Rodrick (pictured), the mayor of Toms River, has openly said that the timing of the town’s request on the land is just a ‘coincidence’

Daniel Rodrick, the mayor of Toms River, has openly said that the timing of the town’s request on the land is just a ‘coincidence,’ The New York Times previously reported. 

The ongoing legal battle has taken a toll on the community as locals are divided on who should get the land. 

Although York believes many are ‘thrilled that the mayor is going to condemn the property,’ a ‘majority of the community is shocked and dismayed.’

Bishop Sally J. French, who leads the diocese Christ Episcopal is under, is one of those who is furious about the conflict. 

According to French, the whole idea of the homeless shelter was ‘actually a way to diminish the community concerns’ of the growing population. 

From January 2023 to January 2024 the number of unhoused people has risen 28 percent in Ocean County, according to Monarch Housing Associates, a group that works to address homelessness across the Garden State. 

‘You’ve provided them with opportunities and the capacity to do what they need to do to get employment, to begin to contribute to the community in ways they haven’t been able to do because of their difficult, painful circumstances,’ she told the NYT. 

Other local religious leaders have all stood up for the church, including Rabbi William Gershon of Congregation B’nai Israel. 

Bishop Sally J. French (pictured), who leads the diocese Christ Episcopal is under, is one of those who is furious about the conflict

The town has proposed building a new recreational area fit with pickleball court, soccer fields, and playground – among other attractions

‘I am outraged,’ Gershon told the outlet. ‘If you can do it to them, you can do it to any of us.’  

A Change.org petition has also been going around, urging concerned church goers and community members to stand up for the land. 

‘This action is unjust. It comes while the congregation is seeking municipal permission to build a homeless shelter on their property as an extension of the church’s many ministries and programs that serve and support those in need in the Toms River community,’ the page read.  

‘If the eminent domain ordinance goes forward, Toms River will lose a vital source of support for vulnerable residents.

‘The church is not for sale. People matter more than Pickleball. We stand with Christ Episcopal Church, Toms River, New Jersey.’  

As of Monday afternoon, the petition accumulated more than 7,200 signatures. 

Others took to social media to voice their concerns and anger with the town trying to take over the land. 

One wrote: ‘This is ridiculous! Pickleball comes before a place to help those in need?’

‘Not kosher. This isn’t kosher at all,’ said another. 

Someone else commented: ‘What an embarrassment….’

In response to the backlash, Rodrick, a Republican, said his intention to build a recreational area on the land is all about managing priorities in his town. 

‘When you balance the hardships — you have a whole community without a park, and 65 or 70 people who could probably drive to a different location on a Sunday,’ he said in reference to attending church. 

In response to the backlash, Rodrick, a Republican, said his intention to build a recreational area on the land is all about managing priorities in his town. (Pictured: A rendering of a proposed playground for the land) 

But, according to Bishop French, weekly attendance at Sunday services – offered in both English and Spanish – are more than twice the figure Rodrick claimed. 

‘As the guy who is supposed to look out for the welfare of all of the residents of Toms River, when you balance out those two things it’s pretty clear which side I should be on.’

Rodrick, a former teacher, said he is no stranger to political battles, adding: ‘They fill the room and make a jerk out of me in the meeting and, like President Trump, my numbers just keep going up. The people are with me.’ 

Litigation will continue to proceed, York said, adding: ‘The plan will be decided by the diocese. But they certainly will litigate the issue, and I believe it will be successful.’

He also said the local government should ‘mind their own business and stay out of the religious affairs of the community.’

DailyMail.com contacted Christ Episcopal Church and Rodrick for comment.