Breakwater’s Allegations of Bias Rejected
Breakwater argued that Asbury Park officials were swayed by competitors and personal bias. But Judge Shipp dismissed those claims, calling them mere assertions of “improper motives,” insufficient to trigger constitutional protections.
The company, already licensed to operate elsewhere, filed suit after Asbury Park passed an ordinance banning all cannabis businesses. By August 2022, the city doubled down with a clarifying resolution reaffirming its prohibition, shutting out Breakwater before its application even landed.
Despite alleging discrimination, arbitrary deprivation of property rights, and political favoritism, the court concluded the city’s actions remained tethered to its legitimate interest in enforcing local ordinances.
A Legal Saga of Repeated Dismissals
This was not Breakwater’s first courtroom defeat. In April 2024, Judge Shipp dismissed most of its claims without prejudice and permanently barred its Fifth Amendment arguments. By February 2025, another attempt failed when the judge found no evidence of conduct “so egregious as to shock the conscience.”
The latest ruling seals the company’s fate in this legal marathon — a clear escape route for the city, leaving Breakwater with no remaining claims.
