Appeal set for February in 'Truck Beach' case that's been on hold for 3 years
Vehicles line "Truck Beach" in Amagansett in 2016, a tradition that oceanfront homeowners say harms the environment and endangers children. East Hampton Town and a nonprofit group have countered that locals have a right to enjoy the beach. Credit: Doug Kuntz
A lawsuit over a long tradition of driving 4x4 vehicles on what is known as “Truck Beach” in Amagansett heads back to court next week following a three-year hiatus in the case.
A group of Amagansett property owners sued East Hampton Town and its trustees in 2009, essentially claiming the town had no right to allow the public to drive on a 4,000-linear-foot beach and an approximately 1,500-linear-foot stretch near the White Sands Motel. In the filings, the plaintiffs claimed the trucks and SUVs infringe on their properties, present an environmental hazard, put children in danger and that some use the beach as a bathroom.
The town and representatives of the group Citizens for Access Rights, a nonprofit that supports the town’s policy and was created in response to the lawsuit, have countered that locals have a right to enjoy the beach.
State Supreme Court Judge Ralph T. Gazzillo handed a victory to the town in a November 2016 ruling dismissing all the property owners’ claims.
“In all candor, the plaintiffs’ complaints as well as the resulting presentation was reminiscent of a tactic that has been called ‘throwing spaghetti against the wall to see what sticks’ by other courts,” Gazzillo wrote in a 33-page decision.
The plaintiffs’ Riverhead-based attorney, Steve Angel, said at the time that they would likely appeal. Arguments in the case are set for Feb. 7 before a panel of judges in appellate court in Brooklyn.
Angel said Wednesday that his clients were looking forward to making their argument in appellate court.
East Hampton Town Supervisor Peter Van Scoyoc had no comment due to the pending litigation. East Hampton Town Trustee clerk Francis Bock said the trustees are “quite confident we’ll succeed in this appeal.”
The case drew a lot of attention because it essentially pitted the desires of wealthy oceanfront homeowners against the rights of other locals.
“One of the treasured aspects of living on the East End is the free and open use of our ocean and bay beaches,” the access rights group states on its website. “Residents have always enjoyed the unfettered right to stroll, swim, fish, shellfish and surf at our beaches.”
A 2014 video presented in court shows 4x4 vehicles dominating much of the stretch — some parked and others darting about near children. At one point, a man and woman are seen urinating on the sand.
In his decision, however, Gazzillo said the plaintiffs presented no proof of “noteworthy” law violations or environmental damage.
Vera Chinese joined Newsday in 2017 after working as an editor for the East End lifestyle publication northforker and a general assignment reporter for the New York Daily News.
Out East with Doug Geed: Wine harvests, a fish market, baked treats and poinsettias NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses.
Out East with Doug Geed: Wine harvests, a fish market, baked treats and poinsettias NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses.
