Court Rules Against Town in Land Clearing Case

A Southampton Town Justice cleared realtor Larry Oxman of what charges remained after Riverhead Town officials levied over 50 violations against him and the corporation owning his Route 58 land over seven years ago.

While the total number of violations argued in front of Justice Deborah Kooperstein had been reduced to about a dozen, those left were not found credible beyond the burden of a reasonable doubt and were dismissed. Riverhead Town Justices had recused themselves from the case.

Riverhead Town officials alleged that Oxman and Riverhead Park Corp. illegally cleared 13 acres abutting Riverhead Raceway. Oxman said he was planning to use the land for agricultural purposes.

“I was extremely surprised by the town’s behavior," Oxman said in a statement. "I was threatened with arrest. I was told that I would have to pay enormous fines ... I only wish that my partner and co-owner, Stanley Blumenstein, was still alive to share this uplifting news."

It was not immediately clear if the town would appeal the ruling as Supervisor Sean Walter said on Monday evening he was unaware of the court ruling and could not immediately comment, having not seen it.

Oxman has filed a federal civil rights claim against the town, seeking $10 million in damages from Riverhead Town and six defendants: former Supervisor Phil Cardinale, former Town Board Members Barbara Blass, George Bartunek, Rose Sanders, former Town Attorney Dawn Thomas, and former Building Inspector Leroy Barnes.

Riverhead Park Corp. lost the property due to foreclosure in 2011, and after the title was purchased by another corporation,  - are currently pending in town hall.

Cardinale was not called as a witness during the case, which was settled on April 1.

"I basically relied on the judgment of our town attorneys as to whether it is a violation," he said. "Typically, if the opinion is to proceed, we do. I will say though the standard of proof in a criminal matter is extremely difficult."

The town also sued Oxman and Riverhead Park Corp. in State Supreme Court. That lawsuit was dismissed in October 2009, with an appeal denied a year later.

According to an article by the Riverhead News-Review, Oxman said last fall that after filing freedom of information requests, he estimated that the town had spent about $140,000 at that point hiring outside counsel to sue him. Monday, he pegged the number closer to $200,000.