KENNEDY v. UNITED STATES

No. CV 85-0581.

643 F.Supp. 1072 (1986)

Michael KENNEDY and Eleanore Kennedy, Plaintiffs, v. The UNITED STATES of America; Brigadier General Paul F. Kavanaugh, Army Corps of Engineers, North Atlantic Division; Henry G. Williams, Commissioner of the New York State Department of Environmental Conservation; the County of Suffolk, New York; the Town of East Hampton, New York; Larry Penny, Director of Natural Resources, Town of East Hampton, and the Village of East Hampton, New York, Defendants.

United States District Court, E.D. New York.

September 19, 1986.


Attorney(s) appearing for the Case

Leon Friedman, New York City, for plaintiffs.

Alio & Beesecker by John J. McDonough, New York City, for defendant Village of East Hampton.

Andrew J. Maloney, U.S. Atty. by Janice Siegel, Asst. U.S. Atty., Brooklyn, N.Y., for defendants U.S. and Kavanaugh.

Martin Bradley Ashare, Suffolk Co. Atty. by Garrett Swenson, Jr., Hauppauge, N.Y., for defendant Suffolk County.

Robert Abrams, New York State Atty. Gen. by Leslie Allan and Stuart Miller, New York City, for defendant Williams.

Mulholland, Minion & Roe, Williston Park, N.Y., for defendant Town of East Hampton.


MEMORANDUM AND ORDER

WEXLER, District Judge.

I. INTRODUCTION AND FACTS

Plaintiffs Michael and Eleanore Kennedy are residents of the State of New York who own a parcel of land located between Beach Lane and Georgica Pond in East Hampton, New York. Plaintiffs allege that the construction of a number of stone groins, or jetties, on the Atlantic Ocean shoreline to the east of their property has blocked...

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