May 9, 2012

The Supreme Court, Suffolk County has struck down the “adjacent area” regulations in the Village of Sagaponack’s Coastal Erosion Hazard Area (CEHA) law in Petrello v. Board of Trustees of the Village of Sagaponack, Index No. 26159/2011.  The plaintiffs successfully argued that the Village’s adjacent area regulations, which were modeled after the Town of Southapton’s unique CEHA regulations, exceeded the Village’s power to impose CEHA regulations under State Law.