Suffolk County Successfully Defends Suit Over Shoreline Erosion in Eastern District Court

Suffolk County Successfully Defends Suit Over Shoreline Erosion in Eastern District Court

After Six-Day Trial, Judge Finds No Proof That Groins and Jetties, Erected Decades Ago, Caused Substantial Beach Damage

Hauppauge , NY – A U.S. Eastern District Court judge has dismissed two actions filed against Suffolk County over the construction of groins and jetties along the southern shore decades ago, stating the plaintiffs failed to prove that these projects were a substantial cause of erosion.

“The fact is that beaches that protrude out into the Atlantic Ocean are engaged in a continuous process of erosion and replenishment as a result of natural processes – wind, waves, storms, ocean topography – whether or not there are groins and jetties present,” wrote U.S. District Judge Brian M. Cogan in a 19-page decision dated August 26 dismissing actions filed by Cynthia Hamlin Ireland and by the Town Board of Southampton.

Suffolk County Executive Steve Levy hailed the decision as one that “has saved taxpayers potentially hundreds of millions of dollars” and upheld the county’s position over the years that groins and jetties did not cause the claimed beach erosion.

“There is no plausible reason that Suffolk County taxpayers should have been held financially responsible for the cyclical forces of nature,” Levy said.

The court ruled that Suffolk did not assume a legal duty to maintain or control groins constructed at Georgica Ponds and jetties at the Shinnecock Inlet that were constructed by the U.S. Army Corps of Engineers.

The court also noted that previous administrations of the Town of Southampton “…passed numerous resolutions showing that the Town was in favor of stabilizing the Shinnecock Inlet and constructing the jetties. In fact, many of the resolutions passed by the Suffolk County Board of Supervisors … regarding stabilizing the inlet and constructing the jetties were proposed or seconded by the Town’s supervisor. Furthermore, there is also sufficient evidence to show that the Town supported the construction of the Georgica Pond groins.”

Much of the expert testimony and analysis from the county’s witness Dr. David Aubrey was found to be convincing by Judge Cogan, including the facts that the greatest shoreline erosion occurring west of the Shinnecock Inlet was from 1938 to 1951 -- before the jetties were constructed – and that since 1955 erosion west of the inlet has been at a lower rate that from 1938-1951.

Dr. Aubrey also substantiated the limited zone of influence of the Georgica Ponds groins and that the effects of groins vary showing no clear pattern of erosion.

Levy congratulated County Attorney Christine Malafi’s office, and the attorneys William J. Lewis, Esq., Sr. Partner and Daniel A. Bartoldus, Esq. of outside counsel Lewis Johs Avallone Aviles, LLP.

“Our County Attorney’s office continues to do a splendid job in defending our taxpayers,” Levy said, noting other decisions in recent weeks upholding Suffolk’s actions on police redeployment and vector control management.