March 12, 2014

The New York courts have cleared the way for a Georgica homeowner to complete construction of a buried rock revetment in Trustees of the Town of East Hampton v. Zweig. The oceanfront property at issue had suffered severe damage in successive years as a result of Hurricane Irene and Superstorm Sandy.  The homeowner secured her permits from the NYSDEC and the Village of East Hampton and began construction in November, 2013.  The project was halted, however, when the Town Trustees (a distinct body) claimed that they owned the beachfront land in question and brought an action to stop the revetment from going forward.  After several months of motions and hearings, the Supreme Court, Suffolk County (Hon. Andrew G. Tarantino, Jr.) issued an order on March 3, 2014 (Suffolk Co. Index No. 13-29760) denying the Trustees’ request for an injunction to stop construction.  When the Trustees took an immediate appeal for an injunction to the Appellate Division, Second Department, that court denied the request on March 12, 2014, clearing the way for the homeowner to complete the project prior to “piping plover” season.  [Note:  The revetment was, in fact, subsequently completed and covered with a restored dune.]