The Second Department handed down a decision dealing with driving on the beach in Southampton, Thomas v Trustees of the Freeholders and Commonalty of Southampton, ____ AD3d ____ (February 9, 2022). The Southampton Village Code prohibited the driving on ocean beaches between 9:00 am and 6:00 pm during summer months. However, the Village Code provides an exception to this general prohibition for a portion of the beach that includes the Thomas’s property, among others. Plaintiffs alleged several causes of action including a per se unconstitutional taking. One fact stated by… read more
February 10, 2022
The Inconsistent Rulings of The Second Department: You Can Drive on the Beach – No You Can’t!
Posted in Access to Beach, Per Se Taking, Title to Beach