Judge Rules That Lawsuit Against Town Over Bridgehampton Barn Decision Can Move Forward - 27 East

Real Estate News

Real Estate News / 1413441

Judge Rules That Lawsuit Against Town Over Bridgehampton Barn Decision Can Move Forward

authorEvan Reeves on Aug 27, 2014

In a ruling filed last week, U.S. District Court Judge Arthur Spatt gave Cantor Fitzgerald CEO Howard Lutnick’s legal team to move forward with a lawsuit against Southampton Town and individual members of the Planning Board and Agricultural Advisory Committee seeking to reverse a ruling prohibiting him from building a barn on his Bridgehampton property.

The ruling, which was handed down on August 19 in the U.S. District Court, Eastern District struck down a motion filed by the town to dismiss the suit—which was originally filed in February against the town in general, as well as six members of the Planning Board and 15 members of the Agricultural Advisory Committee—on several legal points, finding that Mr. Lutnick’s suit had merit.

Mr. Lutnick twice applied for permission to construct a barn on his property on 545 Halsey Lane in Bridgehampton, which lies within an agricultural overlay district. Such districts were first established by the town in 1972 and later amended in 1994 to prohibit all construction within the districts except those permitted by the Town Board as “accessory and incidental to agricultural production.”

The lawsuit, seeking $20 million in damages, is unique in that it implies that the individual members of both boards should be held personally responsible for the losses incurred by the plaintiff and applicant.

The town’s motion to dismiss, filed in May, charged that “failed to state a claim upon which relief can be granted,” according to the court’s memorandum.

The court’s ruling now allows Mr. Lutnick’s team to proceed in advancing the case against the individual members of the two boards by establishing that they infringed on property rights in an “arbitrary and irrational manner,” according to the memorandum.

“The property owner [Mr. Lutnick] is happy with the court’s decision and happy to pursue the case,” says Michael Giusto of Neufeld & O’Leary, the firm representing Mr. Lutnick.

Highlighted in the Plaintiff’s study is a parcel located across the street on 445 Halsey Lane, on which “the Planning Board had approved 19,305 square feet of agricultural structures—more than 70 percent larger than sought by the Plaintiff—situated on an agricultural reserve parcel of only 13.3 acres,” according to the memorandum.

Mr. Lutnick purchased the 40-acre property in 2003 for just over $15 million. He first applied for construction of a 11,250-square-foot barn in 2006 to use for agricultural purposes servicing an existing 3-acre apple orchard.

He later amended the application to include a slightly smaller barn and an expanded agricultural use that totaled 10 acres of orchard and a vineyard. The Planning Board, under advisement of the Agricultural Advisory Committee, felt that the size of the barn was not appropriate for the proposed agricultural use. Instead, the AAC suggested their own amended application for the construction of a 2,400 square foot barn, which would also require the baseball diamond and jungle gym that Mr. Lutnick built when he purchased the property to be removed.

You May Also Like:

Ellie Awards Recognize Top Performers

On Wednesday, March 19, Douglas Elliman announced the winners of the 2025 Ellie Awards, which honor the firm’s top-performing agents throughout the nation. “Since stepping into this role at Douglas Elliman, I have been deeply inspired by the dedication and resilience our agents show every day as they navigate an ever-changing market,” said Michael S. Liebowitz, the president and CEO of Douglas Elliman Inc. “Their expertise, entrepreneurial drive, and commitment to excellence not only set them apart as real estate professionals — they are the source of our reputation for providing the highest level of client service. I look forward ... 26 Mar 2025 by Staff Writer

East Hampton's Butterfly House Is on the Market

An East Hampton home known as Butterfly House, which exhibits the butterfly roof design that ... 21 Mar 2025 by Staff Writer

Newsletter Spotlights South Fork Land Use Laws

The mention of land use and zoning may cause the eyes of some people to ... 12 Mar 2025 by Brendan J. O’Reilly

Original North Haven Shores Model Home Hits the Market

One of the original model homes in the North Haven Shores community developed in the ... 11 Mar 2025 by Staff Writer

'Housing in Your Hometown' Presentation Is April 5 in Bridgehampton

The Long Island Housing Coalition and the Bridgehampton Child Care & Recreational Center will present “Housing in Your Hometown” on Saturday, April 5, at the center on the Bridgehampton-Sag Harbor Turnpike. The program will include workshops on: “The Story of Housing in the Hamptons,” “Affordable Housing – How To Get to Yes,” “Housing a Nation – Empowering the Shinnecock,” “How To House Our Teachers,” “First-Time Homebuyer Programs,” “Co-ops and the Missing Middle” and “Senior Housing, Housing Choice Vouchers and Other Resources.” The event will run from 9:30 a.m. to 2 p.m. For more information, contact ERASE Racism senior housing policy ... 9 Mar 2025 by Staff Writer

PJCArchitecture Updates 1970s Sagaponack Spec Home

A lot has changed in the last 50 years in the architecture space, not only ... 3 Mar 2025 by Steven Loeb

Bridgehampton Estate With Putting Green Sells for $16.65M

A Bridgehampton estate by Konner Development with a putting green and deeded ocean beach access ... 24 Feb 2025 by Staff Writer

WATCH: Taking the Pulse of the Hamptons Real Estate Market

During an Express Sessions discussion of the state of the Hamptons real estate market last ... 19 Feb 2025 by Brendan J. O'Reilly

Waterfront Nantucket-Style Home in Quogue Sells for $5.5M

A waterfront home in the Village of Quogue with a dock and views over Quantuck ... by Staff Writer

Top 10 Hamptons Real Estate Sales West of the Canal, 2024

The Hamptons real estate market west of the Shinnecock Canal, like the market east of ... 17 Feb 2025 by Staff Writer