The firm successfully defeated a challenge to the Village of Southampton’s Code which permitted 4×4’s and SUV vehicles to park on a 2,000 foot stretch of beach, known as the “Picnic Area” in the Village. The challenge brought by one of the nine homeowners along this stretch of beach alleged that the Code provision constituted an impermissible taking of their property under the 5th Amendment, violated the equal protection clause of the 14th amendment and constituted a public nuisance.
The firm moved for immediate dismissal of plaintiff’s Constitutional claims. In a significant decision impacting the public’s right to beach access, Suffolk County Supreme Court Justice Santorelli granted the Village’s motion for summary judgment and dismissed plaintiff’s Constitutional claims.
