Cutchogue farm sues neighbors for $14M

A long-simmering dispute between the owners of a Cutchogue farm and neighboring homeowners has culminated in accusations against the farm of unhealthy practices and the filing of a $14 million lawsuit by the farm owners. (Sept. 26, 2011) Credit: Randee Daddona
A long-simmering dispute between the owners of a Cutchogue farm and neighboring homeowners has culminated in accusations against the farm of unhealthy practices and the filing of a $14 million lawsuit by the farm owners, who say the neighbors are trying to undermine their business.
Paulette Satur and Eberhard Müller, owners of Satur Farms, filed the lawsuit Aug. 8 in State Supreme Court in Riverhead against their Alvah's Lane neighbors Patricia and James McNamara and John and Joan Lademann.
Satur and Müller claim that homemade signs put on the McNamara and Lademann lawns accused the farm of "killing" them with diesel fuel and unsafe driving habits of the forklift operators. The signs have since been removed.
The farm began operating in 1997 and sells vegetables to high-end restaurants. Its owners filed the suit partially under the "right to farm" state law that gives agricultural businesses more leeway under nuisance laws, including noise ordinances.
"Don't complain about farmers with your mouth full," said Satur Farms' attorney, Eric Bressler. "It's agricultural production. You have to till the soil, you have to plant, you have to harvest and you have to get it to market. All these things are part and parcel of agriculture."
But neighbors say it's more than a farming nuisance, and real safety issues are involved. They claim that production takes place too close to the road and the constant back-and-forth of the forklift operators on the narrow rural lane kicks up dirt, so they can't open their windows or sit outside. Tractor trailers idle while loading the produce, they add.
Joan Lademann, whose family owns a house across the street, lives elsewhere in town but said she can't rent the house on Alvah's Lane because of all the dust and noise.
The McNamaras said they are prisoners in their own home. "I would never treat a neighbor the way they treat us," Patricia McNamara said.
Müller, a famed New York City chef trained in Paris, was executive chef and part owner of Manhattan's Lutece, according to the farm's website. Satur grew up on her family farm in Pennsylvania.
On a recent weekday morning, forklifts were seen kicking up dust at the edge of the farm's property and driving onto Alvah's Lane and back onto the property with boxes piled so high the driver couldn't see without looking around them.
"We love farmers," Joan Lademann said. "We were brought up in a farming community. This is about disrespect." The homeowners want farm operations moved away from the road.
The dispute has also reached town hall. In 2009, the farm agreed to build a refrigerated barn away from the road, where the work could be done. The site plan was approved, said Southold Supervisor Scott Russell, but nothing has been built.
"We need Satur to complete the site plan promised," he said. But "there is nothing in the code to compel someone to build once the site plan is approved."

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