Attorney for Napeague Homeowners Set to Appeal Court's Decision Over Public Beach Access

EAST HAMPTON, NY — An attorney for Napeague residents said he's planning to appeal a decision that ruled in favor of East Hampton Town in regard to public beach access this week.

On Monday, East Hampton Town Supervisor Larry Cantwell said the town and trustees had won a State Supreme Court decision regarding the preservation of public beach access in Napeague.

But the fight isn't over.

At least not according to attorney for the homeowners, Steve Angel of Esseks, Hefter, Angel, DiTalla & Pasca in Riverhead.

"We disagree with the court's decision and we're disappointed by it. We think it's contrary to the facts presented at the trial and contrary to applicable law." Angel said though several of his clients have not yet weighed in, "I certainly will appeal."

Of Angel's vow to appeal, Cantwell said, "We will be well prepared for Round 2 if that's what the plaintiffs want."

Regarding the decision of the New York State Supreme Court in the case of Seaview at Amagansett LTD, et. a. v. the trustees of the freeholders, after a five-day bench trial, the Hon. Ralph T. Gazzillo, Acting Justice of the New York State Supreme Court, issued a post-trial decision upholding the rights of the East Hampton community to access Napeague Beach for its traditional public uses, a release from East Hampton Town said.

“The Town of East Hampton is very pleased that the Court, in the strongest of terms, recognizes the longstanding public use of this oceanfront beach in Napeague,” Cantwell said. “The court issued a common sense decision rightfully rejecting the ‘questionable’, ‘unimpressive’, and ‘contradictory’ testimony of the plaintiffs’ expert witnesses, while finding those life-long community members who testified on behalf of the Defendants’ to be ‘credible’, ‘harmonious’ and ‘persuasive’," he said.

The 33-page decision, "which Justice Gazillo stated culminated his nearly 50-year career in public service, methodically reviewed the testimony of all the witnesses and found what everyone knows, Napeague or 'truck beach' is a public resource that has been enjoyed by our community for generations," the release stated.

East Hampton Town Councilman Fred Overton, who was called to testify on behalf of the town and the trustees, said, “The Court specifically found, ‘It is also clear and undeniable that in living memory — and even perhaps well before — the community has consistently used the beach as a recreation location which is open to the public.”

The Court’s decision "explicitly denied the plaintiffs’ private ownership claims of the beach, as well as their claims that the town was creating a nuisance by allowing public use of Napeague beach, the release said.

“The town will remain steadfast in protecting our public access to our ocean beaches and public land,” Cantwell said.

Photo by Richard Lewin Professional Photography, soniboy@aol.com.