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Town Settles Beach Suit With Wading River Homeowners

According to "Riverhead News-Review" report and court documents, town required to build fence, signage keeping pedestrians and drivers off private property up to the mean high tide water line.

 

According to an article in the Riverhead News-Review, the Town of Riverhead recently settled a lawsuit with a small group of Wading River homeowners, affirming beach driving to north of the mean high tide water line on the Long Island Sound. 

The board voted in favor of settling in December by a 3-2 vote, with Councilman George Gabrielsen and Councilwoman Jodi Giglio voted against.

Gabrielsen and Giglio sought to table the measure to settle - several people showed up saying that by settling, many more homeowners could sue the town - though were unable to. Supervisor Sean Walter said the settlement only affirmed what is already stated in town code. 

"The town can't allow someone, under the color of town law, to trespass," Walter said in December. "What bothers me about this whole thing is that if I wanted to drive on your private property you'd have a fit."

By settling, the homeowners agreed to drop their suit, which sought $1 million in damages.

According to a copy of the lawsuit provided by the News-Review, the town is charged with building a fence on the eastern boundary of Wading River Beach, to prevent drivers from cutting across private property. In addition, the town "shall undertake an ongoing public education program" informing drivers and beach walkers that private property extends to the mean high tide water line.

The settlement came shortly after a civil suit came to a close over another parcel on the North Fork's north shore, in Mattituck. Christine and Paul Rivera had sued their neighbor, Paul Calabro, saying he trespassed on their property, south of the mean high tide water mark. However o Dec. 9, a jury determined insufficient proof was evident to find that Calabro trespassed. 

Click here to read the article and see the court settlement on Riverhead News-Review.

Do you think the town should have settled the lawsuit? Tell us in the comments.

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