On behalf of our client, Suffolk County, Carter Ledyard successfully obtained a Report & Recommendation from a federal magistrate judge for the Eastern District of New York recommending summary judgment in the County’s favor and the dismissal of an action alleging that the County violated the Due Process, Equal Protection, and First Amendment rights of certain Cherry Grove property owners in connection with the Fire Island Inlet to Moriches Inlet (FIMI) Project, a beach stabilization project undertaken by the County of Suffolk, the State of New York, and the Army Corps of Engineers to repair and maintain sand dunes damaged by Superstorm Sandy along the 12.5 mile coastline of Fire Island. The magistrate judge agreed with Carter Ledyard that plaintiffs’ constitutional claims were not supported by the evidence and that the County complied with due process and the notice requirements of the New York Eminent Domain Procedure Law (“EDPL”). In recommending dismissal of plaintiffs’ Administrative Procedure Act (“APA”) claim, the magistrate judge agreed with Carter Ledyard that the claim was barred because plaintiffs did not seek judicial review of the condemnor’s determination and findings within thirty days of publication (pursuant to EDPL §207(A)), and thus failed to exhaust their administrative remedies. The district court will now review the magistrate judge’s report and recommendation and determine whether to adopt it. Suffolk County is represented by Carter Ledyard partner John Casolaro, counsel Lee Ohliger, and associate Michael Bauscher.
