Villages sue Huntington Town over shoreline jurisdiction

Two villages have sued Huntington alleging the town is overstepping its authority under a new law that allows mooring permits to be issued within 1,500 feet of shorelines without prior approval from the villages.

The law was set to commence Jan. 1, but State Supreme Court Judge Thomas F. Whelan issued a temporary restraining order against the town Dec. 30 after Huntington Bay and Lloyd Harbor filed the lawsuit.

Hauppauge-based attorney Anthony S. Guardino, who is representing Huntington Bay in the lawsuit, said while the town has ownership rights of underwater lands in most areas surrounding the villages, the town does not have regulatory jurisdiction within the 1,500-foot boundaries unless granted permission by the villages.

"It’s not a problem if they want to charge a fee for consent and they can require people that want to moor in that area to obtain consent from the town, but they can’t regulate to the exclusion of the villages," Guardino said. "The way the town law reads right now anyone can come to the town and obtain a permit for a mooring, and it specifically says within the 1,500 feet, now someone who obtains a mooring permit is going to have an expectation that they can now drop their boat within that 1,500 feet when the villages may say no, I don’t want a boat there."

The suit, filed Dec. 23 in State Supreme Court in Riverhead, names Town of Huntington, Huntington Town Board, the Board of Trustees of the Freeholders and Commonalty of the Town of Huntington, and the director of the Town of Huntington Department of Maritime Services, and all persons authorized to act on his behalf. Underwater land is owned by the Huntington board of trustees, which is comprised of members of the town board.

Town Attorney Nick Ciappetta said the town is well within its rights to make changes to protect its undisputed land and that the town has similar longtime arrangements with the villages regarding docks affixed to underwater lands. He said the updated changes help with boat ownership and insurance information and managing environmental and navigational hazards.

"We don’t view this in any way usurping any rights, powers or jurisdiction of the villages," Ciappetta said. "If anything it would be complimentary."

The attorney representing Lloyd Harbor did not respond to a request for comment.

The law impacts the villages of Asharoken, Huntington Bay, Lloyd Harbor and Northport. Asharoken Mayor Greg Letica said he supports the lawsuit, but did not want to spend taxpayer money on litigating the matter.

Northport Mayor Damon McMullen did not return calls for comment.

By Deborah S. Morris

deborah.morris@newsday.comdsvmorris

Deborah Morris is a native Long Islander and covers the town of Huntington.