TBD

Amagansett Truck Beach Trial Begins Monday

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19 hours ago, Cpalms said:

But that reservation cannot be construed as broadly as the town and trustees contend, they wrote. Rather, it is akin to "an easement allowing the public to use the homeowners associations' portion of the beach only for fishing and fishing-related purposes" and not authority to issue permits allowing the public to drive and park on any portion of the beach owned by the homeowners associations.

I haven't read the entire court opinion, but the reserved "easement" seems to create a giant loophole:  park your truck in the exact same spot, but now cast out a line, stick your rod in a sand spike, and enjoy the rest of your day.  No bait on your hook?  Who cares?  You're engaged in "fishing-related purposes" in your own special way.  Think this would never work?  Think again.  Take a ride to the Delaware shore one day.  You can't park on the beach unless you're fishing.  So there are hundreds of people "fishing" on the beach in the manner I just described.  At a minimum, this apparent loophole is going to create an enforcement nightmare for the Town even if the court decision remains in place. Alternatively, the Town should just revise its beach-driving permits to state that you can't park on the relevant stretch of beach unless you're engaged in "fishing-related purposes" in accordance with the easement.  There.  The Town has discharged its duty in compliance with the court order.  The court can't order the Town to go out and arrest people violating the "fishing" condition in the permits, just as it can't order the Town to cite folks for exceeding a Town speed limit.  That would infringe on the Town's enforcement discretion.  In short, this (fascinating) dispute seems far from over. 

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1 min ago, Sandbox said:

Think this would never work?  Think again.  

 

No, never work.  

 

The home owners contend and this appellate court affirms that the beach is the homeowners land.  Period (subject to further appeals). Essentially, according the the Appellate court (and the home owners), the town has illegally been allowing other EH landowners to use these people's land for the last 150 years.  Can I go fish on your land without your permission? Nope.  Can an EH landowner drive his vehicle onto the beach during summer daylight hours simply to "engage in fishing related purposes" on the other 20 miles of EH beaches? Nope. 

 

Say your argument holds water, there would still be no way to access this stretch of beach during summer daylight hours in your vehicle. You would have to walk. The locals have made it very clear that walking on to the beach to take their kids boogie boarding is FAR too much of a burden....remember the largest beach parking lot in EH parking lot is a mile away.

 

The town is in a pickle and their old threat to condemn this stretch of beach will cost every other homeowner in town a fortune.  The current Supervisor has said for years that he would 100% condemn this stretch of beach if it got that far.  And it's an election year in EH.

 

This ain't Delaware.

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43 mins ago, Cpalms said:

This ain't Delaware

You may be right, and I'm speaking out of line because I haven't actually read any of the court filings.  But according to newspaper article the homeowners own the land subject to an easement held by the town (or a reserved right "akin" to an easement).  So the scope of the "easement" may still be an open issue, and it may give the town some wiggle room to allow residents to use the beach for fishing-related purposes.  Would that include use of vehicles to assist in "fishing"?  I don't know.  If I were the Town, I'd certainly try to make that argument (and maybe they already have) before buying/condemning the beach.  That's going to bankrupt the Town.

 

Good stuff!

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11 mins ago, Sandbox said:

You may be right, and I'm speaking out of line because I haven't actually read any of the court filings.  But according to newspaper article the homeowners own the land subject to an easement held by the town (or a reserved right "akin" to an easement).  So the scope of the "easement" may still be an open issue, and it may give the town some wiggle room to allow residents to use the beach for fishing-related purposes.  Would that include use of vehicles to assist in "fishing"?  I don't know.  If I were the Town, I'd certainly try to make that argument (and maybe they already have) before buying/condemning the beach.  That's going to bankrupt the Town.

 

Good stuff!

 

Sure keep the easement.  But you still can't drive on the beach during daylight summer hours, you have to walk on to the beach as is the law on every other inch of south facing beach in EH.  And there is nowhere to legally park close to truck beach except for the giant beach parking lot a mile away. 

 

Access to the beach is not really the issue.  Access to the beach IN YOUR VEHICLE during daylight summer hours is the issue.  The locals are insulted by having to walk onto the beach - it's a tradition.  

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I've read the latest court filings. The homeowners filed an Order to Show Cause (OSC)  last Friday seeking to enforce the no beach driving injunction that the 2nd Department issued in February. Based on the affidavit in support of the OSC, East Hampton's outside counsel has left me scratching my head on their lack of procedural knowledge. After the 2nd Department ruled in February in favor the homeowners, East Hampton filed a motion for reargument or for leave to appeal to the Court of Appeals. Critically, the attorney did not ask for the court to stay the injunction pending the outcome of the appeals.  In March, the homeowner filed a proposed judgment in regards to banning driving on the beach. The town did not file anything opposing  the  proposed judgment,  and they also could have filed a proposed counter judgment. In May, the town filed an Order to Show cause where again they failed to ask for a stay. I guess someone finally noticed because they filed a revised osc finally asking for the stay. The hearing is on for June 17th, maybe the judge will cut the town some slack but they failed to ask for this relief since February so why shouldn't he side for the homeowners and ban driving pending the outcome of the appeals.  

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10 hours ago, Cpalms said:

 

Sure keep the easement.  But you still can't drive on the beach during daylight summer hours, you have to walk on to the beach as is the law on every other inch of south facing beach in EH.  And there is nowhere to legally park close to truck beach except for the giant beach parking lot a mile away. 

 

Access to the beach is not really the issue.  Access to the beach IN YOUR VEHICLE during daylight summer hours is the issue.  The locals are insulted by having to walk onto the beach - it's a tradition.  

You are a transplant with no sense of the history of the East End , nothing will ever change that fact. 

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4 hours ago, pakalolo said:

You are a transplant 

So are you.  You are a wanna be local.  Nothing will eve change that fact.

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7 hours ago, Cpalms said:

So are you.  You are a wanna be local.  Nothing will eve change that fact.

You seem like a tool. Why go to a place and try to change anything. What makes you so entitled. 

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6 hours ago, hydraman said:

You seem like a tool. Why go to a place and try to change anything. What makes you so entitled. 

Hey Dummy, what exactly am I trying to change? 

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I just read this whole thread. Very entertaining. The people, The public ,own the beach. That is all. It is a natural resource. I hope the people triumph. 
 

Anyone who moves in and stomps local tradition in this town is a GENTRIFIER and deserves no concession to steal from the people who have long established the area for what is. Why did they move there? They like the charm? This is the charm. Public right to natural resources is the charm. Don’t go ****ing it up with your big house and “**** you” money. 
 

So now since covid lock downs, these rich folk got condemned to their beach house (boo hoo) and had to put up with locals using land that they established through tradition. (boo hoo) 

 

I don’t live there, but give them hell guys, don’t let them take an inch! Good luck. 

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On 6/12/2021 at 9:43 AM, hydraman said:

You seem like a tool. Why go to a place and try to change anything. What makes you so entitled. 

Good question , showing up full time 10 or 15 years ago doesn’t mean sht yet some transplants from away feel they can change the way things are. You can’t buy your way in. 

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2 hours ago, pakalolo said:

You can’t buy your way in. 

Well, the homeowners down at truck beach disagree with you lololll!  Their cash is sending you peasants packing for good. Next stop, Manorville!

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25 mins ago, Cpalms said:

Well, the homeowners down at truck beach disagree with you lololll!  Their cash is sending you peasants packing for good. Next stop, Manorville!

Real class man. Love dudes like you really big behind the keyboard. We all know this ain’t done. But your cute for a lady boy. 

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