MARGATE - Margate is not going away quietly in its fight against New Jersey's plan to build protective sand dunes.

The shore town just south of Atlantic City won a court ruling Tuesday when a judge said it's entitled to a new hearing to challenge whether the state is justified in using eminent domain to acquire town-owned beachfront lots.

Judge Julio Mendez has not yet scheduled that hearing.

Margate has been the most successful thus far of a handful of shore communities fighting the dune plan in court. The town says its wooden bulkheads are sufficient to protect against oceanfront storm surge, adding most of its Superstorm Sandy damage came from the bay on the opposite side of town.

The state moved in October to seize 87 town-owned parcels for the project.