Culloden Shores Residents Name Town in $25 Million Suit

A large group of waterfront property owners on Culloden Point in Montauk announced on Monday morning that they are filing a $25 million lawsuit against the state, county, and town. Separate notices of claims are also being filed against the federal government and the United States Army Corps of Engineers. 

"The claim notices and the lawsuit allege," according to a press release issued by Terry Bienstock of Soundview Drive, who has led the effort, "that the negligent construction and maintenance of the Montauk Harbor Jetties interrupts the natural flow of sand to its western side, along which the beach has eroded so severely, that a home almost fell into the ocean after the recent Christmas storm."

Frank DeVito's house on Captain Kidd's Path was eroded away. Emergency permits were granted to allow DeVito to shore up his house.

After the storm, Bienstock first announced that he was .

The jetties, to the east of the area, known as Culloden Shores, are owned by East Hampton Town, but were designed by the Army Corps of Engineers with the consent and cooperation of the town, according to the suit.

"The various governmental entities have been aware of this problem for many years, have acknowledged responsibility, have presented plans to fix it, but have not spent a dollar to do so for almost a decade, despite repeated promises," said Jonathan Sinnreich, the Central Islip attorney representing the property owners, in the press release.

There are about 400 homes with beach rights in Culloden Shores, though it isn't clear yet exactly how many are a part of the suit. The suit claims that the governmental delay has caused more than 300 feet of sand and dune to be lost while homeowners built bulkheads and placed rocks behind the bulkheads.

Leon Kircik, who said he has spent almost half a million dollars to keep his home on Captain Kidd's Path from collapsing, said, "Every governmental agency fought us tooth and nail to hinder us from protecting our homes, while at the same time refusing to spend any money to replace the sand which would naturally break the wave action well before it got to our homes."

In response to the notice of the suit, Town Supervisor Bill Wilkinson said, "It's truly a major disappointment for this administration to be named in the lawsuit. This board has literally stood toe to water during every one of these storms. We have hastened the permit process for every house from the end of Captain Kidd's Path to the end of Soundview."

He said the town board has "actively engaged with" the Army Corps and the federal government. "To be described as 'fighting these homewoners tooth in nail from hindering us from protecting our homes' is truly discouraging for an elected official."

But, Bienstock said, "The homeowners have had enough of promises and finger pointing among the Army Corps, state and local officials." He continued: "Good intentions are not protecting the natural shoreline, animal habitat, marine traffic and people's homes."

The suit is also asking for emergency relief to force the town and state to immediately replenish lost sand and to install sand-retaining materials. The plaintiffs also want permits to place rocks, bulkheads and sand to protect their properties, while the case is pending.

"Had this been done even after the devastation from a series of storms last year,” said DeVito, “I would not have had to spend over a quarter of a million dollars last week to keep my house from collapsing."

The group will hold a press conference on Soundview Drive in Montauk on Tuesday at 3 p.m.