MATTER OF DEFEND H20 v. TOWN BD. OF EAST HAMPTON

15-cv-2349 (ADS) (AYS), 15-CV-5735 (ADS) (AYS).

147 F.Supp.3d 80 (2015)

In the MATTER OF DEFEND H20, Kevin McAllister, Michael Bottini, Rav Freidel, Jay Levine, Thomas Muse, Paul Lester, Nat Miller, Daniel Lester, and Conrad Costanzo, Plaintiffs, v. TOWN BOARD OF THE TOWN OF EAST HAMPTON, the County of Suffolk, Department of Environmental Conservation of the State of New York, and the U.S. Army Corps of Engineers, Defendants, Royal Atlantic Corporation, Royal Atlantic East Condominium Owners Association, Inc., and Montauk Beach Preservation Association, Inc., Intervenor Defandants Defend H20, Conrad Costanzo, Daniel Lester, Paul Lester, and Nat Miller, Plaintiffs, v. United States Army Corps of Engineers, Town Board of the Town of East Hampton, Department of Environmental Conservation of the State of New York, Col. David Caldwell, in his official capacity as Commander of the New York District of the United States Army Corps of Engineers, Acting Commisioner Marc Gerstman, in his official capacity as Acting Commissioner of the Department of Environmental Conservation of the State of New York, and the County of Suffolk, Defendants.

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

Signed November 30, 2015.


Attorney(s) appearing for the Case

APPEARANCES: The Law Offices of Carl Andrew Irace & Associates, PLLC, Attorneys for the Plaintiffs, 12 Gay Road #5128, East Hampton, NY 11937.

Devitt Spellman Barrett, LLP, Attorneys for the Town Board of the Town of East Hampton, 50 Route 111, Suite 314, Smithtown, NY 11787, By: David H. Arntsen, Esq. , John Denby, Esq. , Anne C. Leahey, Esq. , Of Counsel.

Suffolk County Dept. of Law, 100 Verterans Memorial Highway, Hauppauge, NY 11788, By: Gaff M. Lolis , Assistant County Attorney, Leonard G. Kapsalis , Assistant County Attorney.

Office of the New York Attorney General, 120 Broadway, New York, NY 10271, By: Kevin G.W. Olson , Assistant Attorney General.

U.S. Attorney's Office, Eastern District of New York, 271 Cadman Plaza East, Brooklyn, NY 11201, By: Edwin R. Cortes , Assistant U.S. Attorney, Robert B. Kambic , Assistant U.S. Attorney.


ORDER

This is a consolidated proceeding involving two actions arising from the decision by the Defendant United States Army Corps of Engineers (the "Corps") to build a reinforced sand dune on the beach in Montauk, New York with the stated purpose of "addressing the immediate need to reduce risk to life and property...

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