Battle over retaining wall continues

FOR readers who have asked about the outcome of a Huntington issue where neighbors have been feuding for years over a collapsed retaining wall, and its ugly concrete replacement that town inspectors found dangerous, here's the latest: It's still not done.

We first wrote about Neslyn and Rebecca D'Souza's problem in July 2009. They had noticed for years that their neighbor's retaining wall was rotting. In 2008, it began to collapse into their yard and Town of Huntington inspectors warned the D'Souzas to keep their children, Nicholas and Grace, away from the area. So the family hasn't been able to use their backyard for nearly four years.

Even with the town on their side, the D'Souzas have been frustrated by delays in getting the issue resolved. Third District Court Judge C. Stephen Hackeling has granted postponements and deadline extensions to repair the wall, with the neighbor arguing, among other things, that he doesn't have the money. Eventually, the neighbor had a concrete wall installed, but town inspectors said it wasn't built to code. The neighbor argued in court that it was safe. The town hired an engineering firm that backed the town's assessment: The wall wasn't safe.

In late November, the neighbor pleaded guilty to maintaining a retaining wall without a certificate of occupancy and was fined $1,500 by Hackeling, town spokesman A.J. Carter said. He agreed to fix the retaining wall, with the engineering firm checking the work. The neighbor was given a Jan. 5 deadline.

However, Carter said, "Almost immediately, the weather turned very cold, very quickly, which made it impossible to pour concrete, which is the key to shoring up this wall."

So the neighbor gets more time. The town says the work now should be done within a reasonable time after the cold thaw. If not, Carter said, the neighbor can be cited for violation of the judge's conditional discharge and the town can ask for additional fines. Stay tuned.