CANGEMI v. UNITED STATES

No. 19-1076 August Term 2020.

13 F.4th 115 (2021)

Thomas CANGEMI, Jodi Cangemi, Mariann Coleman, Francis J. Devito, Lynn R. Devito, Leon Kircik, Elizabeth Kircik, Carol C. Lang, Terry S. Bienstock, Daniel Livingston, Victoria Livingston, Robin Racanelli, James E. Ritterhoff, Thelma Weinberg Trustee of the Thelma Weinberg Revocable Living Trust, Gale H. Ritterhoff, Plaintiffs-Appellants, Elsie V. Thompson Trust, John Tomitz, Plaintiffs, v. UNITED STATES of America, Town of East Hampton, Defendants-Appellees, United States Army Corps of Engineers, Col. Matthew W. Luzzatto, Commander, United States Army Corps of Engineers, New York District, in his official capacity, Col. (Ret.) John R. Boule, II, in his individual capacity, William J. Wilkinson, in his individual capacity, County of Suffolk, State of New York, Basil Seggos, Commissioner of the New York State Department of Environmental Conservation, in his official capacity, Rossana Rosado, Secretary of the New York State Department of State, in her official capacity, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 7, 2021.


Attorney(s) appearing for the Case

Timothy F. Hill , Sinnreich Kosakoff & Messina LLP, Central Islip, NY, for Plaintiffs-Appellants.

Vincent Lipari ( Varuni Nelson , Rachel G. Balaban , on the brief), Assistant United States Attorneys, for Jacquelyn M. Kasulis , Acting United States Attorney for the Eastern District of New York, Central Islip, NY, for Defendant-Appellee United States of America.

Steven C. Stern , Sokoloff Stern LLP, Carle Place, NY, for Defendant-Appellee Town of East Hampton.

Before: Raggi, Sullivan, and Nardini, Circuit Judges.


Plaintiffs-Appellants, seaside property owners in the Town of East Hampton, New York ("Plaintiffs"), appeal from a final judgment of the district court in favor of Defendants-Appellees the United States and the Town of East Hampton (the "Town"). Plaintiffs challenge two decisions of the district court. In the...

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