Jul 29, 2014

Westhampton Beach To Challenge Ice Cream Sculpture Ruling

The village retained an attorney to dispute a judge's decision to dismiss the case.

Westhampton Beach To Challenge Ice Cream Sculpture Ruling

Just two weeks after Westhampton Beach Judge  J. Lee Snead tossed out a violation against owner Elyse Richman for placing a 6-foot ice cream cone sculpture on her property, the village board retained an attorney to fight the ruling.

At its May 3 meeting, village officials unanimously voted to retain former village attorney Herman Bishop as a special attorney to appeal Snead's decision at a rate of $190 an hour.

"The judge dismissed the case because he said it  was costing the village too much money," said Westhampton Beach Mayor Contrad Teller. "We are appealing that the case be tried."

Richman, who thought the ordeal was over, said the sculpture in question has been long gone — stolen the same day she received a $750 summons for placing it outside her store to welcome guests to a children's birthday party.

Richman, who was cited under the village's sign ordinance nearly two years ago, has maintained that the sculpture is not a sign as was simply a decoration.

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