No preview available
HomeMy WebLinkAboutRobins Island Info t I 'l e,~~~ March 22, 1990. The Suffolk Times A3 ,W'ic~kttam Claim ,Nears a Decisi,on By Michael Gill Attorneys representing Southold De- velopment Corporation (SDC), the owners of Robins Island, have until tommorrow to file briefs in support of their motion for summary judgment in the case brought against them by Robins Island Preservation Fund Inc, (RIPFINC), SDC is seeking to have the case thrown out of court "In essence, what we're saying to the court in our motion," said SDC's attor- ney Samuel Kirschenbaum, "is that the complainants don't have a cause of ac- tion and their case should be dismissed. There's just no substance to it" The filing will be made in federal dis- trict court in Uniondale, where Judge Leonard Wexler will decide RIPFINC's claim to the 443-acre island. The outline of that claim is set out in a complaint filed with the court in April of last year. It is based upon the so-caIled Wickham claim, the argument that Robins Island was illegally confiscated from Parker Wickham in 1779 for siding with the British in the Revolutionary War. Robins Island Preservation Fund Inc. represents more than 70 percent of the living heirs of Parker Wickham, who are seeking return of the island in order to preserve it in its natural state. Until recently, the Wickham claim in federal district court had been stayed by SDC's July, 1989, bankruptcy filing. But on Jan. 31, Judge Robert Hall, the judge in the bankruptcy proceedings, is- sued an order permitting the district court case to proceed after all the parties in the bankruptcy case agreed to such a measure. RIPFlNC has until May 4 to respond to the motion for summary judgment RIPFINC lawyer Bert Hirsch said his client also will cross-file for summary judgment. Mr. Hirsch explained that motions for summary judgment are an expedited procedure for resolving a case by settling on an agreed set of facts rather than having the plaintiff prove all of the elements of his claim through . testimony given in a trial. Commenting on his client's chances of success, Mr. Hirsch said that if a decision is made on the merits of the Wickham claim - as opposed to the court basing its decision on some pre- liminary jurisdictional question like lapsing of the statute of limitations - "I think a lot of people will be really surprised. There is a large body of law which supports our every point" More Than Robins Island? Mr. Hirsch also reacted strongly to suggestions made by SDC attorney Kirschenbaum that the Wickham claim might extend beyond Robins Island, calling them "totally false." Referring to the fact that other lands in Riverhead, Cutchogue and Southold were confiscated from Parker Wickham at the same time as Robins Island, Mr. Kirschenbaum said in a telephone inter- view on Monday that logically, all of the properties once owned by Parker Wickham could be affccted by a judg- ment for the plaintiffs in the Robins Is- land case. "If there's any substance to the claim, why would only Robins Is- land be affected?" he said. "The owners of the other property should have as much concern as do the present owners of Robin> Island. But that is not much," he added. Asked to comment on the assertions made by the SDC lawyer, Mr. Hirsch said: "An idiot could read our complaint and see immediately that we are not ask- ing or seeking any such thing. It is a total distortion, and it so completely misrepresents everything that has hap- pened in this case that it really isn't worth comment. I think Kirschen- baum's remarks are deliberately intended to whip up anti-Wickham and anti-pre- serve-Robins-Island sentiment" Mr. Hirsch estimated that the court's decisions on the motions for summary judgment could take six months to a year if based on the merits, rather than on the statute of limitations question, in which case, he said, a decision could be rendered much sooner. . . " ~ t . . -. ' . ( .; ~ " r .(." ~ t .,- ~ t- ':-;t,h7rj.;h~-~ f~'f'>lI.,t-' '1,~~'''~T~! J;","',~""~ - ~~-"'-~.-.~ ~::",,""l*;:l., i:'-fi:L....at. ~_~~~..,';.,.c -t',__ _, .- . o~,,."/;- ~.t4~t~~'~ ; . ,-,'", LONG ISLAND' ,. \. Newsday Photo Looking south from New Suffolk, a file photo shows Robins Island, which a Manhattan real estate company has offered to buy for $14 million A Fading Dream Effortto prevenide~~iop~e~t'~f Rcl>ins 'Island n~~-;~ ~~bitter end' By Steve Wick $1.35 million, by a Manhattan company, Lazard Real- Seen from a distance, the house looks like it has ty, a subsidiary of a billion-dollar investment banking been swallowed by a forest. Up close, a chimney can firm, Lazard Freres. The company currently is devel- be seen poking through the greenery. Holes where oping a 400-acre, waterfront tract in the village of windows were never fitted look like dark soCkets. And North Haven, a few miles east of Robins Island. out front, a boat dock is collapsing and along with it a Sources familiar with the negotiations say the com- small boathouse. pany hopes to turn Robins Island into a luxury second Here on Robins Island, where a man named Lane home market, where estates similar to Lane's vision stopped building his country retreat after his wife died, would be built. leaving paint buckets sitting in the middle of unfin- Since the disclosure, lawyers familiar with the offer ishedrooms, nature presides over the works of man. In and officials of Lazard Realty have refused to com- the woods, around the ponds and along the wooded' ment. In addition, Mittermier's Manhattan attor- shoreline. there are few signs that man was ever here. neys, Tenzer and Greenblatt, declined to comment on Only the house's skeletal remains act as a reminder, a the pending sale. A source, however, said, "They are decaying monument to an unfullftlled dream. negotiating out the fmal points right now." In the more than 70 years since millionaire sports- Even as a sale appears imminent. and as county man James Warren Lane walked away from paradise, officials express hope that they will eventually prevail, Robins Island continues to seduce would-be owners. the North Fork's unique history may offer up its own who rent boats and circle its shoreline. dreaming of solution. In 1783, a Cutchogue farmer named Parker the possibilities. Numerous parties have coveted it in Wickham had hundreds of acres of his land seized by recent years, only to back 01T. One potential developer the new government of the State of New York. Along got cold feet in the middle of a closing; a later grandi- with more than 50 other property owners around the ose plan for golf courses. an air strip and huge estate state, Wickham's land was seized and auctioned off as homes collapsed when the developer seeking to buy punishment for his alleged pro-British sympathies the island was killed in a car accident. during the Revolution. Included were his Riverhead Now, another plan to develop the 435-acre island, farm, a Cutchogue farm - and Robins Island. which sits like a naturalist's dream near the center of Last year, in a well-received book published by the Peconic Bay in Southold Town, has surfaced. Those SulTolk County Historical Society, historian Dwight who want the island left as it is, a wildemess of origi- Holbrook argued that the seizure violated the terros nal Long Island, fear this is the plan that could alter of the f'reaty of Paris, which ended the war. In short, the island forever. Suddenly, after more than a decade Holbrook argued that Wickham's heirs could press a of public debate over its future, Robins Island seems claim in court and, in the end. win back some of their out of reach of preservationists. lost ancestral lands. For Suffolk County officials who view the island as Last week, some of Wickham's heirs went about the hoped-for centerpiece of the county's preservation their springtime tasks on their Cutchogue farm. pre. efforts on' the East End, the news has been an unwel- paring to sell asparagus at the family farmstand. Tom come reminder that development pressures on the Wickham, the farm manag~r, said he and his father, East End continue unabated. "This is a fight we are John, shared the view that the island should remain in to the bitter end," County Executive Patrick HaI- undeveloped, and he said they have made the first pin said. "We are ready and willing to buy the island. tentative steps towards the possibility of filing a claim It could be the crown jewel in the county's open space on the island. Tom Wickham said he has spoken with program." a Manhattan attorney. William Carmean. who is mar. Two weeks ago, it was disclosed that a $14 million ried to a Wickham heir, and to Queens attorney Ber- ~~e!, ?a~ b~~l! J..1l.ad~ t~ ?~~~e~ ~.i~~i~:. the Ge!,.. _ ~~a_~ !iJ~s~h. ,!ho ~asj)ressed similiar land claims for lan aeveloper who oouglit the Island m 1979 Tor an upstate N'ew York 1ndian tribe. :........._~~""'-......... "Weare taking this very seriously," Wickham said. He also said that next week a group of the heirs would meet in Hauppauge with county officials to discuss the ramifications of filing such a claim, including the question of what would happen to the isl;md if the Wickhams were successfuL A number of attorneys and experts on the history of the treaty that ended the war, and the laws that exist- ed at the time the British evacuated, were unanimous that the claim had merit. All, however, said it would be a tough court challenge, not unlike the Indian claims that have taken years to resolve. -c Hirsch, who has represented the Oneida Indian tribe in a decades-long fight with the state over some five million acres of land, says he has spoken with some of the heirs - and believes they should move ahead. Importantly, he said, his research shows that, in 1830, an heir to one of the New York property owners whose land was seized by the state after the Revolution went to court and won. "When I saw this case," he said, "I thought this is the Wickham claim right down the line. Yes, it is 150 years old, but it is a very powerful precedent. There is no doubt in my mind that what happened [to Parker Wickham] was improper. It was done largely by indi- viduals with great greed in their hearts who worked s: the legislative will to their own aggrandizement. ~ "Looking at this now, I really can't imagine how a _co buyer could get title insurance without it being sub- ject to this claim," Hirsch said. "They would be very foolish to write an insurance policy on a purchase without taking this into consideration. There is a very real cloud on this title." Ultimately. the dream of preservationists is that the island be part of a well-planned system of protected parklands, stretching from the headwaters of the Pe- conic River in Brookhaven to the ends of both the North and South Forks. "It is 1988 and there are still wild landa in the shadow of New York City," said Legis. Steven Engle- bright (D-Setauket). "It is quite astonishing these lands even exist. We must make a commitment to preserving the whole system. I am willing to take whatever steps are necessary to that end. If there is going to be a test of our will, we will meet the test." -', ~. (- I , , ,. z ~. U> CJ 1> --< s: o z ~ "' '" '" C/J m , I\l ... __ 1_ -I . .-, ~1) .~ . "- ~ .~htNt\u!orklimtS - SUNDAY, FEBRUARY 10, 1980 ... / . ViiT M ~ L .c C ~ ., The New yortr:TIInM/Vle DeI..udti A deer pauses to regard a visitor .on Robit1l!}J~PAill PAA~~ L . man.... ban' has' ing t SIlO<' year How, by in Win!: V thell< most weight for-c growi[ TI no, w' was s. when With;- agenf Coun. Trani Aulh< .~~ , ~ J j ~ j. j' ~. ,1 ~ l~ .; ~1 a~; JU~ . 1'" Bll '0 "0 'l-~. NVA , I " I lC .,.;,t.,J' ;l, , " '''. ~'-BUITae~s Eye Idyllic Isle .:r ByJAMESREVSON At the same time, however. COUAty and state gov. emment officials want the Island preserve<! and are ' seeking$<! milliOllin Federal funds to buy it along with ~,~, trill i..ee-E.----(1)ppelman,~_ tive director of the Long Isiand Regional Planning Board and director of tbe Suffolk County Planning De- partment. ,. The pIlrcbaoe money is the mainstay of an applica. tion to be tiled this year with the Federal Office of Coastal Zone Management to bave Peconic and Flsn. ders Bays, which comprise 110,000 acres, designated a I"'" "-. ",._.~~ -.u."y , a re sanctuary of , woods and deer in the middle of Peconic Bay, , rarely seen by the public and considered one of the least disturbed natural wildlife habi- tats.on Lollg Island, may soon became the focus of a tUHf-W\lr. only four bomes bave beep built on the isle since King Charles I of England ori&jpally deeded It to the Earl of Sterling in 1636. But nMt Its Current oWner, a German-Swiss.real estate syndicate using the name Southold Development Corporation, plans a com- ,munity of 28 waterfront homes to be served by private . ferry from New Suffolk. - - Plans to subdivide bait the island into bomesites averaging seven acres bave been filed with the Souto hold Town. Planning Board. The island's remaining acreage would be beld in col"mon ownersbJp by the in- . dividual purchasers.. The corporation, beaded by a New York lawyer, Ar- mende Lesser, purchased the property last July from Johr) W. Mackay for $1.35 million, according to Wil- liam W. Esseks, a Rlverhead lawyer who represents the corporation. . Continued on Page 6 i , I Robins Island: 'One of the least disturbed natural wildlife habitats 011 Long Island' ,. ~ ." --~~~~~.--'-..._' '-------" --- _.~~~ -'-~'_.~__~._._....~ ~ ~_---1.____,~.~,_,~___ " eI'BF prov~ toWE':: " revtll airC:.i.f 10 Ip /I'I . ''}l 1'1' .q <Ill P ~I~ ~; I" Rr^ '1 , or lei aran g:rosd " 1" publi, ~ held Ii last t~ pro~ po , land 1\- opera,.... 11. busin~ port. ~ aircn:. produ. bly 8<.. ,- s~ M.T..L. datic!!i> ever,-=: mon' ,.::rt I~~ co~ " ~~ ~. --~---- '77'''. ..,,,, .'N, Go... ---!. r. 11-.... ~ 01, . B::: s~ .,,~ ~'''';' '!.. Bllilders Eye An Idyllic Island . , . Continued From Page 1 National Estuarine Sanctuary. The possibility of that designation's being granted has caused an uproar. Of the three towns - Southampton, Sout. hold and Rlverhead - that control lands In the proposed sanct1lary area, only Southold does not, as yet, oppose the Federal designalloo. . Southold's Town Supervisor, William PellJd, said that his Town Board would await the findings of a $50,000 preaequl. sition feaslbllity study, which, accord. ing to Federal officials, would take two. to six months. But even then, Mr. Pell- said, there are ICtoo many unanswered' questions" as to control over the sanc~ tuary, loss of local tax revenues and use of the bay for commerciallishing. Both Riverhead and Southampton Towns oppose the application because of fears of losing home-rule COI\trol. "We don't want someone telling us what we can and can't do, Of said the Southampton Supervisor, Martin;Lang. To which the Riverhead Supervisor, J G- seph Janoski, added, "Tbe program only causes complications.'" , The two Supervisors stressed their dissatisfaction with a New York State law that, in extending the boundary of the preserve 500 feet inland from the high.water mark, could be used, they felt, to limit access to the water. However, fears of a Federal take- over are unfounded, according to Frank Cbristbllf, sanctuary project manager fu Wasbfugtoo. "Tbe Feds don't add any additional laws or regu. lations, tI Mr. Christhilf said. Recrea- tional and commerCial use of the bays . would not be hfudered by the Federal designation, he added. I James MacFarland, the estuarine sanctuaryprogntm manager, said that ..i , .. . -'1 Sl.;:i l_:-~ ~,,'J~""" ,;," '!,;;-i,. .I~'Z.J;!' l.ftOl.rn.1l -::-~~ ~ V",Ii:'J ',' ~;.:ij,n-. ~tirf"," '. ~ 'iJrLE ,t"_~JZ1 ,,,,l~ "right now we're committed" to fit. -:.MA.: DWlCing an approval that would make:' {-l'~~ the designated sanctuary the second largestfuthecountry. ~ __ Tbe twG-part preacquisltion grant and then formal financing process, which includes an environmental im- pact statement, puljllcbearing and day puhlic comment period, weald talii> .,,' i a minimum of one year. - .. ~-;~~. But even if the application receiv~:,',~! approval, Mr. Esseks said that the cot. . ~ poration would not sell voluntarily."i;... uThe properqr was bought for invest- ~;~: ment alld deve~men~," he'Said. ~ However, Mr. Koppelman said: , uWhetlfer tb@y're.interested 01" ilot is '" no: the.;ssue.' Tbe prope.ty will be COlI. ;: demncd. The owners can go to court ',I and sue.' , . ,~ As the center of the proposed .anctu. ." ary, Robfus Island holds a key position : and if developed .would PQll!lte the bay, .., di I '.'.'. accor ng to Mr. Koppe man. "Its ., development would put an end to main. , talnlng the bIg!l quality of the water.:. ways," he said; ~: Meanwhile, the Nature Conservancy, ,1' a national nonprofit land-preservation ::: group, has purchased the 2,IJOO.acrc ..' Masbomack p~rv'e on Shelter Is, . ~ land. The. 1>reseIV~ which encom- l' passes alm...t a third' of Shelter Island, ~ ....emhles Rebfus ISland In that both ", .' are impqrtant b~g grounds for .' waterfowl and shellfish: ,I; ~: "The '''Federal designation would 'I gh ~ hei ten the im~~tance of the area 'I and. raise eonscloUshess as to future :~ threats of Oevellipment," said Brad. ~, ford C. Northrup, the conservancy's '::1 eastern reDional director. .1 ... " As part of the Federal deslgnatioo, " the ..tate would matcb -the Federal :: funds with. ~'several tbouBand acres of 1,1 I,' wetlands" of equal valllll U> be part of :'.1 tbe.sitoctoaiy, Mr. Kopi>eIm~ said. , ., :1 .',1 :{~ " j .~ " WhIle the national designallon lloolf does not prohibit development, Mr. MacFarland said, Federal preserves are "the best.Jmown estuarine wet.( lands In the counUy so that chances 0 tum1ngoneoftl1em Into, let's aay, anu" clear power plant are remote. I' Currenlly, there are seven Federal marine sanctuaries in the country, which are uaed mainly by scientists and environmentalists to study unells- turbed plant and animal life. Robins Island, which is a five-minute boat ride from both North and South Forks, wuuld prQVIde an,!deal situallon " for studying birds nallve to the region, accorcllni to Larry .Penny, stall ecolo- gist for thejGroup for Ame':\ca's South Fork, a BrRlgebamplOn-blIted environ- mental org~llon. The loland boasts some of tile most producllve osprey nests in tile area, as well,as 40 black- crowned night heron rookeries, he said. "It's now in its primitive state," Mr. Penny aald. "But a couple 01 spllls of gasoline or diesel fuel could be very harmful." Robert Tuthlll, Robljls Island's care- taker for the last eight years, who t. I. THE NEW YORK TIMES, SUNDA Y, FEBRUARY 10, 1980 proudly shows oll pictures 01 himself band-feeding deer, is also not eager to see homes, cars and people disturb the tranquillity. "I can't aay J'd like to see this devel- oped," he aald, driving a visitor along what he calls the Robins Island Ex- pressway, a straight, narrow dirt road running through the woods. Near the dock, three of the lour houses on the island flank the road. All were reportedly built by James Warren Lane. an armaments manufacturer. about 1919. Two of thIlm, red and white painted country-style houses, have been used occasionally by various own- ers and caretakers. The third, an imposing shingled man- sion with flve brick chimneys, was never completed or occupied. Inside, wood lrames lor walls stand unlln- lsbed, and sheets 01 leaded stained glass lie strewn across the floors. 'The fourth house is farther lnland, also red and white and also supposedly built b;;IMr. Lane. It was the original care~r's cottage, but it was not used becaus1l 01 its large size. There have been caretakers on the Island at least since the early part 01 the century and possibly lor many years before that. Since the 19th century, the island - which has undergone numerous Changes in ownership - has been used as a brickyard because 01 its substan- tial clay deposits, and by a hunting club. . Most recently, under John W. Mack- ay, the island's previous owner and the author of llMark" and uGood Shoot- ing, II there has been a licensed shoot- ing preserve stocked with pheasant. . L.l. 7 "It's just as it was 200 years ago," aaid Louis Carter, a lieutenant with the law enforcement branch 01 the State Department 01 Environmental Conser- vation. "All kinds 01 waterfowl congre- gate there during the year. It's one 01 the lew isolated spots on eastern Long Island." On the island In lront 01 the Lane mansion, two young deer spotted Mr. TUttle's jeep, and rather than turn and flee, they walked cautinusly toward the sound of the sputtering engine. "They used tobea lotlriendller," he said. . ...1';1'1 ~ " ,~ 1 I .' I ... "- All fined, 16put on probation in pistol-test cheating By Tom Demoretcky The Suffolk County Police Department has disci- plined 22 officers - including 16 supervisors - after a departmental investigation into charges that some results of annual firearms tests were falsified. Police Commissioner Daniel Guido, who took over the department earlier this month, fined all 22 offi- cers up to 10 days' pay, and placed the supervisors on a two-year disciplinary probation period that would mean a reduction in rank for any infraction. The pro- bation also halts any chance of their being promoted for two years. Fines against the officers ranged from $2,000 to $6,000. . Allegations had ranged from outright falsification of qualification forms to officers' being given credit for participating in police qualifying shoots held by the FBI. The highest ranking officer disciplined was Dep. . Insp. Robert Nolan, executive officer of the Thir~Pre- dnct in Bay Shore. Three captains - Kevin P. 'Car- ney, James J. Gallagher and David McHaffie - also were disciplined. The lieutenants were Frank Cop- pola, Herbert Kellar, Raymond Petersen, John Pep trowski and Ronald Smith. Guido said yesterday there was no indication that any of the officers involved could not qualify at the pistol range, but that a "gradual erosion of strict range procedures" had occurred. He said he believed the practice was isolated to a handful of officers and that a check had been done on records of all members of the department. "It was pretty localized," Guido said. "I'm con- vinced that this will stop the practice." Noting that this was the last major pending departmental investi- gation launched by the past administration, he said: "It's time to turn the page and put the past behind us." Department rules and procedures require annual pistol qualification by every, officer. According to Guido, some officers either didn't take their full tests or didn't show up for the tests at all, and then bogus results were forwarded to headquarters from the range in Westhampton Beach. Among those disci. plined was Sgt. Raymond Flood, range supervisor. In some cases, the investigation found no certifica- tion sin>.:e 1979. The investigation of pistol-range testing was initi- ated by the police department under former Commis- sioner James Caples Jr. after alleged abuses were re- ported by an officer. The matter was turned over to the Sutlblk district attorney's office on Feb. 24, which, after a review, did not, launch any prosecutions but returned the case to the police department for administrative action. Presidents of both the police officers' and police supervisors' union said the punishments were harsh, but they would not contest them. Each officer in- volved agreed to the punishment, waiving his right to a departmental hearing on charges of conduct unbe- coming an officer. Those hearings could have resulted in I'tricter punishment, including dismissal. :. HI can't argue with any of the commissioner's statements at all," said Arthur Cliff, president of the Superior Officers Association. But he added: jlI think Please see POLICE on Page 37 A Higher, Private Bid for Robins I. . Long Island Soun,r. '>,' . .'-___......;~~~ SOUTHOLD \ j . ,"'" . cr."" RIVERHEAD . 2 Cutchogue . ;: '~iiie ~7t o ,d7v-.,.. .~. \:pecontc1. erhead I_~<;'. 1;:, BaY.X .. ....;. ..:"....2',,::J,'.\<. ~'~"_.~ ". .". k,.. ,:; ". . .. [. ~ :'~-:-, ,.;...j'v-r.". :,?? v.''; Gmat .:',,~ . ,,; p~nic l ' THAMPTON ~ Bay;"", . North Sea -..~,/ ,... HighWay '" Southampton VilI ~. 11;' ~'r .. " ~ Newsday I Philip Dionisio By Steve Wick . A group of New York investors has offered to buy Robins Island for $14 million - more than twice what Suffolk County had hoped to pay for the pristine island so that it could be preserved - and plans to sell buildingil>ts around its wooded shoreline. If the group's financing is approved, the sale of the island could be announced shortly, perhaps as soon as next week, according to sources familiar with the ne~ gotiations. While declining ,to provide details, Thomas Gill, a Southampton attorney who represents the group that made the offer, confirmed that a sale was pending. HClearly there has been an offer, but we can't comment on the particulars right now/' Gill said. The sources said the offer was made by Lazard Realty Inc., a Manhattan company that is developing a 400.acre tract in the village of North Haven in Southampton Town. Known locally as the "stock farm," the property is surrounded on three sides by water and is heavily wooded. Earlier this month, the sources said, the group made an offer to buy Robins Island for $14 million from Herbert Mittermeir, the West German devel.'1per who bought it in the early 1980s. V Mittermeir and officials of Lazard declined to'com~ ment yesterday. Once a contract is signed, the sources said, the group plans to seek approval from Southold Town, which has jurisd,iction over the island, to develop it. One plan under consideration is to circle the island with building lots. While the exact number or size of the lots has not been decided, the sources said at least 40 would be sold, at a range of $1 million to $1.5 million each. At the $1.5 million figure, the 40 lots could net the developer $60 million. A 435~acre, tear~shaped island, Robins Island sits like a lush oasis of virgin Long Island land in the heart of the Peconic Bay in Southold Town, between New Suffolk on the north and Southampton on the Please see ISLAND on Pag~-.37 rourtBacks Mailman Who Didn't Deliver " .,,~ ..~~~n:~f;,...., .~ ::r' - ,. .- . .tr~ .?' ';.' .. , " -' -' , , / :z '" ~. ~. c ~. :< ~ "-1\;;).'6 \'()g ,. --< , ~. r VIEWPOINTS 63 Robins Island Must Be Preserved < in :::e 'U o Z -l III The real cost of saving its irreplaceable resources is minimal. By Fred W. Thiele Jr. IF SOMEONE told you that for $1.40 a year, you could help insure water quality, protect fish and wildlife resources and increase open space, what would you say? Debate is again raging over the future of Robins Island and what role government should play. East End environmental advocates have lobbied since the 1970s for the full preservation of this unique and ir- replaceable 4oo-acre island. In the early 1980s, the county could have acquired Robins Island for $1 mil- lion. This effort failed because of public officials' lack of commit- ment. Then, in 1986, Suffolk Coun- ty included Robins Island as part of its $60 million Open Space Preser- vation Program. The goal of acqui- sition seemed to be within the grasp of Suffolk again in 1989 when the kcounty entered into a $9.2 million contract with the owners. However, the preservation of Robins Island has remained elusive over the last three years. At times, it seems as far away as it did more than a decade ago when the issue of preservation was first seriously raised, First, the owners attempted to seek refuge in bankruptcy as a way to avoid conveying the proper- ty to the county. While the owners experienced some preliminary suc- cess in pursuing the matter in bankruptcy proceedings, most re- cently a federal court has upheld the validity of the county's position. Of course, the litigation is far from over, with a potential for lengthy appeals. Against this backdrop is a change in the county's economic and politi- cal climate. The deep national eco- nomic recession has hit Long Island. Suffolk County has seen dramatic reductions in nonproperty tax rev- enues, while at the same time, it has had to shoulder steep increases in mandated, nondiscretionary expen- ditures. The result is a seemingly never-ending bud- get deficit. Meanwhile, changes in Suffolk's executive and legislature may have shifted the balance away from the county's longstanding commitment to preservation. The county appears poised to sell out the preservation efforts of Robins Island under the guise of a lawsuit settlement. To help put this all in perspective, we need to ask the fundamental question, "What are the real costs of preserving Robins Island?" Let's examine the numbers. Every year, Suffolk County spends $1.4 billion in its operating budget. The amount spent Fred W. Thiele Jr. is super- visor of the Town of South- ampton. for land acquisition and environmental protection is less than 3 percent and dwindling. The so-ca1led savings from not acquiring Robins Island would represent less than 0.79 percent or about $1.40 per household a year, during the next 20 years, for a total of about $28 per household. Ask yourself if doing without a cup of coffee and a bagel annually is worth the preservation of Robins Island. The island possesses a rich array of natural re- sources, including rare and endangered species that are worthy of protection. Moreover, the island is believed to contain many archaeological re. sources that provide a window to our past. There remains no other large uninhabited island in the eastern United States. Robins Island is situated in a very shallow por- tion of the Great Peconic Bay. The preservation of the surface water quality of this system is essential to its environmental health as well as to the near- by extensive fIshing resources. Since 1985, the Pe- conic system has been racked by brown tide, which has resulted in significant ecological damage. In- creased nitrogen and pollution from overdevelop- ment in sensitive locations has caused stress to a carefully balanced ecosystem. Government and private land trusts have made a significant investment in protecting sensitive coastal lands in the Peconic system from develop- III ment. The Grace estate, Barcelona Neck, Hither Woods, Clam Island, Ram Island causeway and Orient Point wetlands are but a few of the invest- ments in this bay sytsem over the last decade. It would be foolish to devalue these investments now. What message does it send to the public? We urge businesses, private citizens and local govern- ments to limit boating wastes, pesticides, storm- Newaday f BOO Newman water runoff, sewage effiuent and other pollutants into the bay, while the county's own financial com- mitment may be abandoned. In spite of pollution and the degradation of wa- ter quality, the commercial fishing industry still remains a major industry. Further, tourism gener- ates millions for Long Island's economy. People do not come to the East End to marvel at the sight of unwise development. They come to enjoy our waterways, fIshing and open spaces. The Robins Island acquisition is an excellent insurance policy for the future of these industries. The acquisition of Robins Island is a long-term investment in our heritage, our economy and our environment. We must not forgo this investment because of short-term financial problems. This op- portunity, lost once before in 1980, may not come again. Let us hope that 20 years from now our children will be able to praise our vision in pre- serving Robins Island. --- VICE PRESIDENTS EDITORIAL ADVERTISING OPERATIONS CIRCULATION ADMINISTRATIVE Foonded in 1940 by SeniorV.P.-Fin., New York Editor Manag1I11Editorll Alllristant Managing """"" 1);""", - SERVICES Alicia Patterson and Administrntion DonaklFonrt Robert F. Bnmdt Ed.... John Mcl<om Ed_ Bruce Murray Directar Han-y F. GumnhOm JameB Fit.zgernld -ng James Toedtman lUcloaro Golant L1.~ ~ N__ Bernard Bottomley .......V.P."""" ChriHtineMilJer Howard Schneider RnOOrt"""'" Richard Beekman D"""" Rober1Brennan COMMUNITY Information Systems Direct(lr (If Editorial Charlotte H. Hall Martin J. Bartow Suffolk Manager ROO.rt M.JoImwn E........,Publk Tom Redder 0..;.., David C. Hamilton :'\r.Y. Mana,er AFFArnS Adrninistr&Uve RichardVJOia PubI_ & C.E.O. M.... Community Affairs RnOOrt "- Robert E. Keane Carey ""'" """"" L.I.Direct.or "",.",... N.Y. Manacer Reginald Tuggle """""- Sam Ruinsky Chief Photo Edib C1assirJed Manager John Wills Fred Bellise _ B. Fox Editor and Senior V ,P. Finance James C. Dooley JonM. Pes.sah Patricia A. Bumagiel N.Y. Director _&C.O.O. l'hyllieSinger - MARKETING Anthony Marro Gerald R.I.. 1'ryhane AMoci.ate Editor ~atiomd Manager .....""""" ChiaraColett.i Debra Whiteflcld SERVICES Circulation s,m..,H."""""",,, RaynyJIldJ. FINANCE Promotion Director HUMAN HaroldF. W:l1dtJr. """"""'" RESOURCES TIMES MIRROR COMPANY Cootroll... .....,,"""'" """ Robert F. Erburu WIiIiamP.Gt-eenb&un """"'h_ """"" Chainn~ Edward Farrell Elimbeth v. Drewry ~ David LID"5lthoI Pre8ident z g] en " .'< ." " <5 .'< ~ '" ~ ~ I I St.d''fj,It./(.. f-.frtJ NC warns cty. on ega costs rfdr!MIJU, IfjlfiZ, . p' "1~' Robins I. buy in ieopardy , eliminated all county legal By Mark Woolley fees associated with the pur- chase of Robins Island. Hal- With the Nature Conser- pin vetoed that legislation, vancy's Long Island chapter but was overridden, 13-5, on in the red some $330,000 in November 7, 1991. paying for outside legal coun- Meanwhile, Gaffney and sel for the county's defense members of his staff have of its $9.2 million contract to held discussions with South- purchase Robins Island, the old Development Corp., the possibility of. Suffolk acquir- owners of the island, which is ing the 460-acre island may located in Peconic Bay. The be in jeopardy. . talks have centered on ways In a letter from Nature to resolve the issue over title Conservancy Director An- to the island, including a set- drew Walker to County Exec- tlement proposal from. prin- utive Robert Gaffney, dated cipal owner Claus July 22, 1992, Walker says Mittermeyer allowing for the the,eI"':c0umental group's le- development of some 30 &<<1 costs on Robins Island acres for weekend and vaca- are in excess of $330,000. tion homes, with the remain- When taken into account der of the tract protected as a with expenses the Nature nature preserve. Conservancy has accrued in The discussions are de- acting as a go-between in signed to end a lengthy court other county Open Space battle that began shortly after program acquisitions, he the county entered into a states, the Long Island chap- $9.2 million contract of sale ter is now about $900,000 in with the owners in 1989. debt. South old Development Corp. "Consequenfly, it will be subsequently filed for bank- impossible for the conser- roptcy and attempted to sell vancy to continue to under- the island to Robis Corp., a write the legal actions of the California-based real estate county unless we can work firm, for $15.2 million. As a with you to reduce at least result, the county sued for some of these outstanding breach of contract, with the debts," Walker states. The matter being tied up in court. total debt amount, he notes, Gaffney said the corre- represents more than one spondence he received from year's operating budget for Walker was not a "threat" the group, and is money the that the Nature Conservancy group has borrowed with in- would no longer pay the legal __..-,t~!est. _ _._ ____C.~!~LQ1:~J~}!a~,B!or~ofanjlh., . Now that the Nature dication of the group's frus- Conservancy has paid more tration that the court than $330,000 in outside le- proceedings are taking an gal fees to defend the coun- inordinate amount of time. ty's purchase contract. the He said since the time total cost in the litigation Walker wrote the letter, ef- over title to the ,teardrop- forts have been made to pay shaped island has risen to the group from the purchase more than $800,000. The price of lands the county has county, up until last year, bought under the Open had paid some $276,000 in Space program, to help re- defense-related expenses, duce the Nature Conservan- with another $213,000 pen- cy's debt. ding, until the Nature Con- However, Gaffney said servancy, in a letter to it's his understanding that former County Executive the Nature Conservancy may Patrick Halpin, dated June continue to pay the legal fees II, 1991, agreed to retain only until December, but and underwrite the cost of that the group has not said outside legal counsel in the that time frame is final. He case. said he is hopeful the dispute The Nature Conservancy, over title to the island can be which receives two percent resolved by December, and, of the purchase price of any if not, he will see if there is property it helps the county sufficient support ainong acquire under the Open lawmakers to have the Space program, took over the county assume the cost of the county's legal expenses be- legal expenses, if the Nature cause the legislature passed a Conservancy no longer can bill offered by Legislator foot the bill. Tom Finlay (R-Islip) that "We are pursuing Suffolk Divers' flea lIIarkel set The Submersibles Diving Club at the Southampton Campus of Long Island Uni- versity will sponsor its 15th annual divers' flea market on Sunday, December 13, from 10 a.m. to 5 p.m. in the cam- pus gymnasium. The event is the largest annual sale of diving equip- ment on Long Island and will feature new and used sport and commercial diving equipment for sale or trade. Diving antiques, arti- facts, underwater photogra. phy equipment and vehicles will also be on display. More than 20 dive shops from all over the East Coast are ex- pected to attend. For ticket information, call Michael Dostaler in the Student Activities Office at Southampton Campus at 283-4000, ext. 361. County's rights under the contract," Gaffney said. He noted that the Nature Con- servancy retained attorney Louis Scarcella to handle the court case, and said talks with Mittermeyer are ong- oing. For the county to assume the legal costs, Finlay's bill would have to be overturned. If the legislati9n is not over- turned and the county picks up the legal expenses any- way, according to Finlay, Gaffney would be violating a county law. "I can't understand how the county executive can consider going back to the legislature to overturn my bill when he already pro- posed a 20 percent tax in- crease to Suffolk County residents. Now he wants to bailout the Nature Conser- vancy, who said they would pick up the tab," Finlay said. "If the Nature Conservancy wants to buy Robins Island, . let them do it. I'll be damned NEW BUSINESS--Robert J. Bausmger, left, of Subarn's if I'm going to stand by and New York district office, congratulates ~ict,?r Niosi, gen- watch the county executive eral manager of R.ayrnond Chevrolet/BUIck I':' Bay Shore spend my constituent's on. recently IK:commg a new Subaru dealershIp. Photo by money unwisely." M,chael J_ Wtllmott. (FUL 321-V) " C CUSTOM . 5L UPHOLSTERERS df([CWoJ C!u>1om C!..fud &J mE CATALANO fAMILY: CREATING FINE FURNITURE SINCE 1945 SOFA OR 2 CHAIRS L~~$249tt~R ANY STYLE FURNITURE FROM TOTAL RECONSTRUCTION TO A SIMPLE FACE LIFT Fabric & Filling Extra, According To Grade Selected, Decorative Details Extra SOFA OR 2 CHAIRS Lf~ $129l!.~ LABOR U> c: " " o ... '" ... 'n m z m =: U> ;'! '0 m :%J U> TOP QUALITY NON-SLIPCOVERS That Look Like Upholstery Fabric extra according to grade selected Decorative; details extra. LONG ISLAND'S LARGEST SELECTION We Have Fabric At YOUR Price Range For YOUR Style Furniture VISIT OUR FACTORY SHOWROOM 1631 Sycamore Ave. Bohemia 5 I!uildings South o/Vets Hwy. Showroom Hours: Mon. thru Fri. 9-6, Saturday 9-5 ALL WORK CUSTOM CRAFTED IN OUR 7,500 SQ, FT. FACTORY '0 ~=15 m '" .. /f~~'t;/7'f:)" /d~. _ __ 'Suffolk Moves To OK Plan For Robins Island Part would be developed r By John McDonald f" STAFF WRITER .! The Suffolk legislature voted yesterday to begin processing a court settlement with the owner of Robins Island that will encourage residen- tial development there. While the vote yesterday was preliminary and was made before de- tails of the settlement were available, 10 of the 18 legislators said in interviews that they favor the county's giving up any claim to purchase the island in return for county support to develop part of Robins Island, a 435-acre mostly wooded island in Peconic Bay. Four legislators oppose development, three said they were undecided and one was absent from yesterday's special meeting. The lawsuit stems from the county's entering a $9.3 million contract to purchase the island from Southold Development Corp. to turn it into a conservation preserve and environmental education center. Since the contract was entered, the island's owner, Southold Corp., and the coun- ty have been in court in ~ dispute over the validity of the 1989 purchase . contract. Prospects for a early settlement will depend in part on whether an environmental impact statement is needed before a fmal authorization of the court settlement is reached. The resolution before the legislature yesterday calls for a decision to be made by the legislature, after hearing the recommendation of the county's council on environmental quality, on whether an environmental impact statement is needed. Such a re-l view, if required, could take many months. Even if no environmental review is demanded by the legislature, i Southold Town will certainly require one before any development on Robins Island is permitted, said Richard Wart!, chairman of the South- old Town Planning Board. Ward said that no application for develop- ment on Robins Island has been submitted to the town and that the town holds exclusive zoning powers over the island. He said that while application could be acted on quickly by the town, numerous county, state and federal agencies would be called upon to review the plan, and that would take time. Lawyers for the county, for the owner of the island and for the potential developer are under pressure to settle the case before April 24, SOUrces close to the case said. The Second Circuit Court of Ap- peals has extended its deadline from April 12 to April 24 for the fil- ing of the appeal of a lower court order that a contract by Robis Corp. to buy the island from Southold does not supercede the coun- ty's. If no settlement is reached by then, the papers _ which in- clude 10 copies of the voluminous court file, will have to be submit- ted to the appeals court. The sources said the copying cost alone will be "tens of thousands of dollars." Appearing before the Suffolk legislature yesterday was Assemb. Ste- ven Englebright (D-Setauket) who as a county legislator in 1988 led the , drive to purchase Robins Island. He argued against the proposal to l. allow Robis Corp. to build 22 houses there. In return, 93.5 percent of ~ the island would be used for a conservation center. Englebright, who formerJy headed the county legislature's parks committee, said Robins Island was meant to be the centerpiece of a 30,OOO-acre park system in the Peconic Bay area. "Robins Island is a masterpiece. You can't cut the smile out of the Mona Lisa and keep the essence of the work, and you can't deveJop 30 acres on Robins Island and keep the essence of the island." The vote yesterday was limited to referring the settlement resolution to two legislative committees. Some legislators said that the final vote could be as early as April 20. Several legislators who oppose the settlement expressed dismay over the many questions that were unanswered in the resoJution. One in- volves who will hold title to the promised conservation area. THURSDAY, NOVEMBER 18, 1993 A Setback On Island Agreement Council Urges Impact Report ---~~-- ..~O1-< ..:IUca~ 1-0 lOCo 11):= C'$ =....s:: 0 o~..s::....._ OIl.!.O'dClS O:="1j~ So..Ec..-.O "'eo";::.-=" ?;-oo:,..-a'Ca = .- ">> =.;; 0 '0 .... ~ - .. '" ~ " .....e&5- t~-= ~o- > e-=-~ ~e -~ >~e[/1~ ..s::1-< ~~ 0 1-00-20= ::s 0' 's II) 0.. ~ t: vi .....,g ~ ~.~ tlO B::= bI) c.. [/1 o8~ee _-~ 01-<[/1 c.. 1-00 ~a'~og ecauo~ o=~g ~~I-o [/1~~c ~oo~~ o e C U "" .c: 0 0 0": 1-< ~ >>=.... r' - ..... a~.~s~ ~~~ei~!~ ~~~~ ~~.5~~ j . g]~~~ ~~~~5.~i$~~=~'i~~~1~g ;~ lU ... ..... ~ ...... o.'C..( ~ :' -0 1-< d ~ 0 ~ :- 0 0 "C t d.... .5 Vl -0 co:!..( ~ <l)"0 ~ 11) . 0 =..a en ::s 0' ClS w .g..s:: c...~ Q) 0 o.E. ..c (l) ~5: e-5'~e1-o:.g.rd.gg"~oeea" =::..~5.~ue5do..c ;>_" \+oo~""O ......... (lj tn -U"l0",,0=" o~bI)SQ)oo~..s::I-o>> ~~O>>~O=O 2~e-''''' ~ = ::::.5 = ~ ... 'c 0 CO g vi '- 0 J5 ~ ll)'';:::.9 .... t en ~ bI) o.~ 3 c:: .(lj=>>'-Q)o.~~- ~u(lj[/1(lj o.~_.....=(lj (1:$-000'- ~-m~~~(lj~~~ .3o~ge~cai~~..s::~~.ec..~E ~ B ...;..s:: 0.2 = 0 ~ 8 ~ U ~ ~ rd f= ~ ~ ~ rd ~ ,g ~~ ~.~,. E 5e5~o~-~~[/1~ ~&e ~=[/1..s:: ~.__I-o..s:: ~:a e 0. _ ..s:: -- .- I . I pJ .: V .~ ~ -g ~ .g.g g ~ g ~ e bn go ; 9 5 .~ 5 ~ s ~ ~ ~ ~; 5 ~-E ~ -e 'g. g -~ ~?. ~ ~ g; ~ ~e~ to~~ u~o~ UO - o-~-c~ 0 -s go 'S ~ ~ <( ~ ~ 5 V ~ ~ 0 e ~ 0 ~ :: ~ g ~ ~ ] ~ 0" _ .D OJ) ~ ~ 00 0. -u; -5..c l-o ~ tii -5 ....- g ~ ::.:s ~ ..... 0 ~ ~] a en ._ ~ E'~ ~ .= ~ ~ t; = :u ~ '- ~ Q u ~..c t:! rJ) g~~ ~ >-'-.- ou=>oa~ .-co ee~ 2 ~ ~ B] ~s;~ ~~~8~=~]~B~~0~~~~ 8. "'0 _9 1-0..... C >0 0 ~ .....;>> 0 tii 0 ClO +-' .E .::! ";j ~ 0\ 0.'0 _9~S~....'~~ =~=~ ;ddo..ca:U~o-~~~~oo~B~ -..0 e - _ ,... ~ o.-:s = o..~ = ..... +-' --e.o Cfj';- ~ ~ ~ 0 ~ +-' OJ """ ..c:::+-' u:s..c _~ao ~eoOl)= e~e-.~o..cuo~o u:SN~~+-' ~~~..c ~o -._NOO ~..o~~.="'" .0 __o~~_ ~=_~ ..... ~e~~>o-~~o"'" ~""'~~S ..s:: r:I) _ ~ ~ >. ..... v;;.-.-d ~ 0 :> Vl....' ....... ..... - '" '- 'oJ = U ~ fA U _ = "'0 -= _ 01)"'0 ~ ;>> tU GR Z :s" ~ 0. tU..c: 0 tU 0 ... s """ g E 2 o:.a 0 d ~ _5 .~ ~ ... 0 = a1 ~.-o;:: 0 ~ ..... '- E g =o~ 000 E_~o'-"""~oo"'Oe:S~~..c~g>~~l-ou= _9..::: .;a '3 ~ d ~ = e ~ a ..... c 0 4-0 0 ..... --. C':S ~ t; ..c ~ u 0 - "'euu 0 "'Ov.o~o~C':S=,o-o_C':S oo.....~ e """ 00 u .!::,.-..; 0 e =' >< ..c Vi U ..s:: ~ ~ E SOl).... 0-= o OJ 0 0 :s' > ~ C':S Vl V - ,- - o.-:;:::U.c ~ " .. = '" '" u '0 -; o '" ,., ~ e ~ HAUPPAUGE - In a move that may kill the county's Robins Island settlement, Suffolk's Council on En- vironmental Quality yesterday deter- mined that in changing the county's policy of seeking full preservation of the island by public purchase, the plan that called for the construction of 22 vacation homes must be reviewed in a full environmental impact statement. The proposed settlement, designed to end several pending island owner- ship lawsuits, carried a February ap- proval deadline. The completion and review of an environmental assess- ment could take a year. Had the council, which advises the County Legislature on environmental matters, determined that an impact report is not needed, the legislature probably would have acted on the set- tlement during its December 21 meeting. Pro-settlement forces, and County Executive Robert Gaffney, anticipated legislative approval. Fearing that to be the case, en- vironmental groups actively lobbied the CEQ in favor of an impact statement. County Legislator Nora Bredes of Setauket, a leading settlement foe, called the council's action "good news. It's the right thing:' She stopped short, however, of declaring the settlement dead. "I'm not so sure;' she said, adding that, on the Robins Island fight, "People have a way of discovering more lives than a cat has:' "That takes care of that. Next;' said Claus Mittermayer, president of Continued on Page 9 ..::-c ~ ~ ..Q ~ ~ ~ ;:: .s ~ I >0 ::...~ogot:: ~* e~ 0== c::C':S ...... o t;:c "'0 0. -<-3 u: roo-5c::?>;;.-. roO" ~ ......- C':S C':Se = 0 ~ .~?> 0""" tii 3: 3 C':S OJ) ro "'= i3 3: .... """ '"" ...Vl "0 00 ==;000 -d o ..c _ 0 C':S "'0 =' e ~ ..... >--;; u_ -. ......Cfj 0 0. 0 - roe E .~ ~5Vl -;;o~o %! 0.0 "eo VlQjOOOO""" o..c !:::s ..c 0>-0_0 -- ~o. .c<l.) _00 ~= Od -o:::.....~~ 00"' E '0 Vl ~ "'0: ~;;.-. 0. 0 Vl"O ..g,~8 ~o~-c~S -cS;B "t:s 0 ~ ~ ~ t:! %! 0. OJ) "O.~ ~ ~"O~ Vl;:jt:.:)-- ~ .0:: 0 ;: .- -- 0 ~:u = ..... 0. .5 ~ ...Vl ~ .c 00 = ~.c =-= ~ 5 ~ ~ .... ..... ;;.-. 0 ~ "'0 ';; ~ "0 ~.- 00 "0 ~ ~ =' = ~.. .- <I.) - = 0 '- "'0 >0 C,)~~E ~~caro.oo C':S.- = 04)...00 o"'O~~ o 0 4) c:: - -..:Ii:::s ~;!9o _ .0.0 u ::a ...:~~ ~ -::: 0..... "'Q~~OIJ _ 0 C':S ~ g e o.-c u...] g . u ~... OJ) ~ 1-< ~ 4)-- 0 E ~'!::b-;:: ~=g.o.ro ~ 4) do) "0 -- e l-o .2 c:: ~ V"'Q III U .-v--aE ~~~~5 r-o ~u -S~='~ . 0 1-0 = ~ E ~ =..c.,EouoO g~o~~eu U:sbO=trlOVl <I.).c8Il.)e~~:E '=o.c 00 ::-u~u~c::G ~t~C':S~.=o C':So<l.) f:-o.c "'0 t: -- c:: '- ... ::!dt:oo:b= - 0 0'- ,.... 0 ~ u .- tii - ~ ~C'\s>5u~ = ClO e ~ u -2 .- do)~NVl~O--g e~~=o.u-- ::!_~~ 8 &.0 ~ CI. 1-0 bO~ c:: .8 ~ e..E _5 -- 0 o"'O"O>~Qj_ ~ 9 8 -S ,g ~ ~ ~~ ~ C':S 0. ~ Busi~essman Buys a.n Is/and Hideaway for $11 Milli~ Continued From Page Al I termayer, a German businessman, . and his son Claus, bought the island in 1979 for $1.3 million, expecting to find a buyer willing to pay far more. Over the Jast 14 years, they have tried to sell It for about $10 million to Suffolk County, which wanted to preserve it, and to a succession of wealthy indi- viduals and private developers, who at times have vowed to build luxury; homes on the island. f But over the last two weeks, after four years of government wrangling over how to proceed, Mr. Bacon swooped in out of the blue, and took over the deal with an efficiency and decisiveness that has long character- ized his financial dealings. "U's amazing," said Robert S. De- Luca, the executive director of the Group for the South Fork, an environ- mental group. "They turned 20 years of public polley into swap-and-shop." A Wall Street Fortune Mr. Bacon, the principal of Moore Capital Management lnc., an invest- ment management firm with offices in Rockefeller Center In Manhattan, last year earned $35 million, accord- ing to Financial World magazine, making him the eighth highest-paid individual on Wall Street on the publi- cation's annual list. In the eight years since he established his firm, he has brought in about $2 biJIion to manage for European investors, trading largely in internaUonal currency and : bond markets, The Wan Street Jour. nal reported in September. A North Carolina. native, he. lives in o Greenwich, Conn., with his wife and two children in a Tudor-style home that he recently restored. He was descrIbed in a Wall Street Journal profile in September as competitive and adventurous, recently going to- - Zimbabwe to hunt water buffalo with a crossbow. He Is said ~o release tension at work by hitting a punching' bag or Shooting a basketball. I Despite his accomplishments, Mr. . Bacon is relatively unknown outside , select financial circles and has avoid- : ed the limelight, declining to speak I with reporters about his business suc- , cesses out of a concern that it could I hinder his future dealings. And while associates said the sale of the island was not a business deal, he seemed to bring his skiJIs as a negotiator to bear. At a lengthy hearing today In Fed- i eral bankruptcy Court in Westbury, Mr. Bacon said that for tax reasons, his offer to buy the Island had to be approved before the end of this year or it would be withdrawn. Neither he nor his associates would explain the tax implications of thl? deal or w~eth~ er the island would be turned over to some charitable trust with Mr. Bacon retaining rights to use it. 'We Tried to NegotIate' At the bankruptcy hearing, Judge Robert John HaJJ gave approval for Mr. Bacon to buy the island and re- fused to grant lawyers for Suffolk a stay in that ruling. Within minutes, Mr. Bacon handed Claus Mitter- mayer checks for $11 million and received title to the island. The deal needed to come before the court because Mr. Mittermayer's company, Southold Development Cor~ poration, has filed for bankruptcy. Accordingly, judge Hall had to ap- prove Mr. Bacon's purchase and re- lease the company from a previous agreement to sell it to the county for $9.2 million. . Mr. Bacon told reporters he had tried to convince Suffolk officials that he was intent on restoring and pro~ : tecting the island. "We tried to negoti. ate with them, but they wanted this day in court," he said. o He said his purchase of the island was lOa victory for the citizens of Suffolk County and New York State,'" but declined to forswear future devel- opment, although people who have spoken with him said he apparently is only Interested in building a vacation home for his family and perhaps re- storing a manor home that was start~ ed in 1910 and never completed. Mr. Garcia, his spokesman, said Mr. Bacon first visited the island ear- lier this month when another sports- man told him it was available. "He found it breathtakingly beauti- ful," Mr. Garcia said. Thomas Wickham, who was recent- lyeJected Supervisor of Southold, the town that includes Robins Island, and a farmer whose ancestors were among Long Island's original Euro~ pean settlers, said he was favorably impressed with Mr. Bacon after tour- ing the isJand with him on Dec. 19. Mr. Wickham said Mr. Bacon first became intrigued by the island when he was a young man, working on a charter fishing boat in the area. Now, Mr. Wickham said, Mr. Bacon has vowed to preserve the island and has been working on covenants that would protect the land in perpetuity, while allowing the public to visit. "He seems like an honorable per- son who really does have the long- term preservation of th'. island at heart," Mr. Wickham saht. . He added: "He's the kif of person that many people here the town . could relate to. He didn't Orne across to me as a financial magnate, as a Milken or one of those kinds of people. He's a sportsman who would like to bring .out a bunch of his friends and have a big shoot at the end of Septem- ber." '\ \ Executive PayS=$J.l Million, And Island Hideaway Is His By JONATHAN RABINOVITZ SJX!clal to The New York Times . ,~X I GARDEN CITY, L./.. Dec. 28 _ l%ii 'NASSAb Roughly 15 years ago, Louis Moore Bacon was a hired hand on a charter fishing boat out of Montauk. As he passed Robins Island, 445 unspoiled acres of forest and bluffs in the Great Peconic Bay. he could only dream about what it was like. Today, Mr. Bacon, 37, and now an immensely successful trader on Wall Street, bought the island for $11 mil- lion, ending a long-running dispute be- tween Suffolk County, private develop- ers and the previous owners over the fate of one of the most valuable unde- veloped islands on the Eastern Sea~ board. Fred Garcia, a spokesman for Mr. Bacon, said Mr. Bacon planned to use the island as a private family com- pound and would work with the Nature Conservancy to preserve it in its natu- ral state. In the next week, he will create a fund of more than $1 million to be administered by the conservancy for the island's conservation, Mr. Gar- cia said. The acquisition was the latest chap- ter in the saga of an island that local environmentalists have described as Long Island's Yosemite Valley, the Mona Lisa of the East End, and one of the few remaining natural jewels in an area that many say has been taint.ed by averdevelopment. Since the arrival of European set- tlers on Long IsJa"ld in the 17th century, Robins Island has been owned by a The New York Times A new owner plans to turn Robins Island into a retreat lor his lamily, series of families, and it still looks much as it did centuries ago, when Indians referred to it as "a place full of timber." A teardrop-shaped island 80 miles from Manhattan, it is ringed by beaches and steep bluffs, with deer roaming its forest of oaks, locusts, ce- dars and cherry trees. The prevjou~ owners! Herbert Mit- Continued on Page 84, Column 2 !lllllllIllll 354613 Tilt-: NEW YORK TIMr.s ia available fur hilJne ot (lffice deli\lery in mo.t majlll U.S. dtiea. Plellle _"Blllhi~ tl/H.frell l1umt..,r: ]-800-631.2aoo AnV'!'. ~ 1 ~ , Hey, Who's that Guy? Mittermayer? Really? CUTCHOGUE - If Claus Mitter- mayer designed his own line of clothing, the slogan could read "I own Robins .Island and all I got is this lousy T-shirt;' An uninvited guest to Saturday's auc- tion of an original oil painting of the island, donated by Cutchogue artist Jackie Penney to aid the Robins Island Preservation Fund in its effort to wrest the property's title away from him, Mit- termayer was quietly told that he could not bid on the work "Robins Island Race;' which shows the island from the New Suffolk waterfront. But Mittermayer's attorney, Albert D'Agostino, did buy a few T-shirts emblazoned with a reproduction of Penney's painting and the words "Robins Island Keep it Wild:' "I wasn't allowed to bid;' said Mit- termayer. ., I could have made an issue out of it, but that really doesn't add anything:' Mitterrnayer and D'Agostino were among about 100 people attending the auction at the Nassau Point home of Southold businessman Jim Gray, whose yard offers a sweeping view of the island's eastern shore. The painting went to Neil McGoldrick of Garden City for $3,500. His bayfront Mattituck home has a vista of the island's northwestern point. No Offense Arthur Ross, a spokesman for the Preservation Fund, said the bidding limits were agreed upon before Mitter- mayer's arrival. He said the group had earlier decided to accept no bids from anyone connected with Southold Development Corp., Mittermayer's' company, or the Robis Corp., which is attempting to buy it and build about 15 vacation homes. "We thought it would be inap- propriate for our property, this gift from a very generous lady, to be pur~ chased by someone we don't want to own it:' said Ross. "I hope he doesn't feel put out or offended. Obviously, we tried to make them welcome:' Ross, an attorney, said he quickly took D'Agostino aside and explained the bidding limits. D'Agostino, he said, noted that Mittetmayer did not intend to pa.rticipate in the 'auction. The proceeds from the sale will go toward the Fund's continuing legal challenge to Southold Development's ownership. The group filed an action in federal court arguing that New York State illegally confiscated the 435-acre island from Parker Wickham, an 18th Century magistrate declared a Tory sympathizer, following the American Revolution. It asked the court to grant title to Wickham's heirs, who want the property to be left as is. A federal justice lasl year dismissed the suit ruling that too much time had passed to pursue the claim. The deci- sion was upheld on appeal, and that ap- pellate court recently rejected the fund's .request for a rehearing. The group subsequently filed a petition with the U.S. Supreme Court. Mittermayer has asked County Ex- ecutive Robert Gaffney to formally end Suffolk's legal fight to close on a $9.2 million deal signed three years ago, and to endorse Robis' plans for a limited development leaving all but 30 acres. untouched. .., :c c:: := fIl 1:1 .i!; .. c:: ~ .... "" ... 'Cl 'Cl .... In Person Ross said he had thought that Mit- termayer might have placed a few of his representatives among the auction crowd, but that "He was honorable enough to come himself with his at- toroei' Mittermayer, who previously had taken pains to remain personally in- conspicuous, turoed quite a few heads, said Ross: and his presence upset some. auction.goers. H I was surprised to see him, but' nothing really surprises me on the Robins Island caper;' he said. "He could have come in with the Sheik of Araby. The cast of characters in this is endless:' Mittermayer described his reception as "cordial. I walked around and talk- ed to some people, and people introduc- ed themselves to us. The reaction more often than not was surprise. This was the last thing on earth they would expect. "For the most part they are not die- hard preservationists;' he added, "but a social club designed to pursue the Wickham Claim:' After the auction Ross asked Miller- mayer if he had enjoyed himself, and the answer was yes. "As he left he told me he would see us sometime;' -Tim Kelly j J <<"t .tautltt~lUatrlJman \ /Ull"""' I '~"'".- Y9"Y I 1\ d ,. ~ .. ,; " ~~ " .. oj; ." .. 41 . ~ ~ i :\ o;! S .~ l ... " "! ,"! ! ,1:': "!"; ~ : I;; l"r ; -. ; i , '~ 1 ~ {ll. l ~ t: '\ ~ ~..j..' /,J) .,. ,...; Robins I. Appeal Money Halt Conservancy cuts off Suffolk By John McDonald STAFF WRITER The Long Island Chapter of The Na- ture Conservancy has notified Suffolk that it will no longer fund the county's appeal of a court order allowing the sale of Robins Island. Sara Davison, the chapter's executive director, also announced that the orga- nization has signed an agreement with the island's new owner, financier Louis Moore Bacon, to prepare a management plan that will "address the unique natu~ ral features and the rare and endan- gered species found there." As part of the agreement, the conservancy will manage a $1.1-million endowment set up by Bacon, who purchased the island for $11 million last month. Despite the conservancy's action, Tim Ryan, a spokesman for Suffolk County Executive Robert Gaffney, said the county would proceed with the ap- peal. "We'll do whatever is necessary" to continue the court action, he said. The Nature Conservancy, a nation- wide group dedicated to preserving threatened plants and animals and en- vironmentally important ecosystems, has spent about $500,000 on Suffolk's legal expenses in the battle over Robins Island during the past three years. The conservancy funded. the action after the Suffolk Legislature barred the USe of county funds to pursue a D.S. Bank- ruptcy Court case in which the county has sought to buy the island from bank- rupt SouthoId Development Corp. Paul . Sabatino, counsel to the legislature, said that Gaffney probably will have to get the legislature to authorize funding to continue the appeal. "We're delighted to have The Nature Conservancy recognize the facts of the case," said James Kelly, a spokesman for Bacon. He said Bacon purchased the island "for two reasons: for personal use and to restore the island" to its original use. The endowment is set up to preserve the island and provide a plan for its use - by Bacon as an occa- sional family retreat and hunting pre~ serve, and by others for educational and scientific purposes sanctioned. by The Nature Conservancy. The 435-acre tract in Peconic Bay is the largest uninhabited island in the northeast. Implementation of the management agreement has already begun, said Davison. "We've had one visit already to the island, and we now will be given immediate access for the purpose of drawing up a conservation plan." She said the last comprehensive envi- ronmental study of the island was con- ducted about 10 years ago. "Since then, there has been no systematic inventory of the island," which contains endan~ gered species like the piping plover and unusual types of habitats such as the island's coastal bluff. A Crawn Jewel for LI Open -Space Plan f From the air, Long Island's pre-eminent flower appears to be the concrete cloverleaf, a species more voracious even than the bull dandelions of this wet spring. That's why the announcement last week of Suffolk County's purchase of Robins Island offers an occasion for rej oicing. The island, all 435 acres of it, has no clover- leafs, no lawns, no traffic lights, no traffic, no' fast-food franchises. In short, it has no inhabi- tants. The only signs of development are a mansion (abandoned in 1919) and a caretak- er's shack. It is home to heron, osprey and tern, and a large herd of deer, frequently visi- ble to fishermen and boaters in Peconlc Bay. The island - a core element in the great Peconic River- Peconic Bay ecosystem - of- fers an amenity rare in this corner of the 54/VIEWPOINTS globe: It is unspoiled, a time capsule offering a glimpse of what Long Island was when only Indians roamed its plains and hills. Ifthe county hact not arranged its still tenta- tive purchase agreement, all that would have changed. Among the development plans was one that called for a 200-room hotel. It's in abeyance now, but it, or something like it, could come alive again unless two suits that cloud the owner's title are settled. We hope the county's contract holds and the $9.2-mil- lion sale is validated. It is an historic land purchase that fully jus- tifies County Executive Patrick Halpin's glow- ing assessment. "Robins Island is the largest undeveloped island in the Northeast," Halpin said. "It is the crown jewel of our open-space Program. .. 5 . NEWSDAY, MONDAY, JUNE 12, 1969 '1~3 :::"u+~j( or ,,1.\':';> Rescue Robins Island Gaffney gave up a bit of Eden for a sales-tax hike, but the state could still save it. It's hard to imagine anything more short- sighted than Suffolk County Executive Rob- ert Gaffney's decision last week to allow development of Robins Island in exchange for one legislator's needed vote to extend a penny increment in the county sales tax. The wild, uninhabited island that floats be- tween the North and South Forks holds the closest approximation any Long Islander. may ever experience to life here before subur- banization. Its windswept silences, its rare bird and plant life ought to be saved for envi- ronmental study today and preserved intact for future generations. If the legislature rati- fies the deal, as expected, the state ought to dip into its new environmental trust fund and make an offer to buy and save Robins Island. The county had the right idea in 1989 when it tried - with the help of the Nature Conser- vancy - to buy the island for a nature pre- serve. Unfortunately, that contract became enmeshed in a welter of costly lawsuits involv- ing the bankrupt owner and a rival purchaser. With legal fees skyrocketing (they've cost the Nature Conservancy alone $250,000) and complexities multiplying, Gaffney grasped at an out-of-court settlement that 1) won him Legis. Joseph Rizzo's sales-tax vote, and 2) will allow a developer to build 22 luxury homes, and - at no cost to Suffolk -leave 92 percent of the 435-acre island undisturbed for use as a county nature preserve. If the property were on Long Island itself, it might be a very good deal, especially since the land will stay on the tax rolls. But on Robins Island, it's not. It's impossible for a small is- land to be a little bit wild. Homeowners bring with them dogs and cats that can threaten rare birds and other wildlife; they ornament their garden with plants that can crowd out native growth; they change the ecosystem by digging cesspools, drilling wells and eradicat- ing pests like mosquitoes and ticks. Perhaps the island's most haunting feature for Long Islanders - its traffic-free quietude - would give way to merry shouts and slammed doors. No doubt it would be a wonderful place to live - for 22 lucky families. But for the rest of Suffolk, it would go from being an environ- mental Eden to merely a nice place to visit. But future uncertain Robins Is. deal reached By Wayne W. Nester Much has been reported about last week's news that Suffolk County has reached an agreement in principle with the owner of Robins Island, Claus Mittermayer's Suffolk Development Corp. (SDC), and the potential buyer of the 435-acre island, Robis Corp. of California. The county had initially intended to purchase the island for $9 million, but as the county stumbled deeper into financially troubled wa- ters, the plan changed. . County Executive Robert Gaffney, along with many county legislators from both sides of the aisle, began to look at a partial development plan for the island with the county receiving the balance for free. At least th~t is what has been widely touted by both the proponents in the county for this option and the owner and proposed devel- oper of the land. After last week's announcement, some of the details of the plan that had been worked out back in April were ~earned. According to Kevin Gary, the attorney represent- 109 the owner of Robins Island, the plan will be imple- mented as follows: in exchange for the county deciding not to pursue a purchase of the island or stand in the way of its sale to Robis Corp., both the owner and the county'would drop any lawsuits still pending. After Robis Corp. has gone through the necessary permit process to build 22 homes on 33 acres, through the Town of Southold in which Robins Island is located, the developer will deed over the balance of the island to the homeowners' association that will be created there by the 22 residents who buy the houses. It will be that association that will be charged with the re- sponsibility of maintaining the undeveloped portion of the island with a $2 million trust fund which Robis will con- tribute to the homeowners' association for that purpose. The homeowners' association would then be obligated to make available limited access to the island for scientific and educational groups to study the flora and fauna on the remaining acreage. According to Gary, although the county will not be given title to the land, it would have the right to get first lien on the property should the homeowners' association not live up to its end of the agreement as spelled out in the covenants and restrictions in the deed, which Robis will transfer to the homeowners' association. Assistant County Attorney William Burke confirmed Gary's version of the agreement's contents. "I'm delighted that an agreement has finally been reached, but no assurances were given by the county that this would go through. It still has to be passed by the legis- SEE Page 6 Robins Is. deal... from page I lature and then signed by (Gaffney)," Gary said. Southold Town Supervisor Scott Harris and many Southold residents are opposed to any development on the island, and it is expected that the planning department in that town will playa critical role in the fu- ture of Robins Island if the legislature ap- proves the agreement. In a letter to County Attorney Robert Cimino dated April 16, 1993, Southold Town Attorney Harvey Arnoff warned that "...Under no circumstances will the Town of Southold be bound by any settlement" by the county and that said settlement could in no way "bind the town" to ap- prove the project. "The SEQRA (State En- vironmental Quality Review Act) process relating to our municipality shall not be subverted by any agreement," Arnoff stated. A spokesperson for Harris stated the intent of that letter is still valid today, re- gardless of whatever deal the county and the owner of Robins Island reach. Legislator Michael Caracciolo (R-Aque- bogue), who has strongly opposed any de- Ul velopment on the island, claims despite all ffi the talk about a deal, none is truly in place ~ at this time. "It is premature to state that ll; there is deal set forth as yet. Any plan to de- ~ velop must first go through the Town of w z '" '" ~~ ..n .'--: (1,1 .:... ;; ~, :::J '" " '" ,;; .. " .. , .. 'C':' c: ":"2 '-~ Southold. I don't believe any developer would gamhle $12.5 million (the purchase price Robis will pay for the island) without some assurances that they will be able to develop the land. No one would buy a pig in the poke for that kind of money, and at this point I would have to say that getting approval for the necessary permits will not be easy," Caracciolo said. Legislator Joseph Rizzo (R-East Islip), who forced last week's county decision on the settlement in return for his vote on the sales tax extension, admits that it won't be an easy row for Robis to hoe. "They (Robis) will have to go through the SEQRA process in the Town of South- old to get approval to build there," Rizzo said. Gary claims that the county will now have to conduct a SEQRA review for the agreement, which the county will pay for, and should be completed within 30 to 60 days. "It is possible to have a closing on the sale of the island within six months if the legislature votes to approve the agreement within the next 60 days," Gary said. The agreement must also be approved by the bankruptcy court which is overseeing SDC's bankruptcy proceeding. Gary antic- ipates the court's approval, he said. ..-.~... Robis '_-1 Maps"7H~) Robins Development and preservation eyed By .Jeff Miller Robins Island has been mapped for development. And preservation. Robis Corp. of California has submit- ted to Suffolk County a conservation easement proposal that would set aside 375 of the 434 acres of Robins Island "for scientific and educational pur- poses." The rest, a strip of waterfront ringing the north and west coasts, would be developed. Douglas Riemer, local agent for Robis Corp., said the talk is of any- where from 12 to 20 multimillion-dollar homes on five-acre mini-estates. The. homesites themselves would actually be 1.5 acres, with 3.5 acres included in the conservation easement, he said. They would be "more than 200 feet back from the high water mark and will be sited in such a way as to minimize visual impact from the water," according to the Robis plan. The proposal also calls for on-site septic systems behind the homes, a new community dock and construction of a nature center. As for transportation on the island, "The road system would be wide enough to provide fOl emergency ... vehicles but the landowners would be , allowed only the use of golf cart type vehicles," says the plan. The proposal was prepared for Robis Corp. by Andrew Johnson of Conservation Advisers in Chadds Ford, Pa. It was submitted to the county last week attached to a 1983 "Ecological Evaluation of Robins Island" prepared by Seatuck Research Program of the Cornell Lab of Ornithology. Mr. Johnson cites that study in his proposal, and writes, "The report confums my ob- servations in considerable detail ... There are no plant species that are listed as endangered or threatened to be found on Robins IslauJ--.J.mo ~ e not proposed See Robis, page 16 _._._.':":'.~:i~; 16 . The Suffolk Times. July 2, 19,,~ ~ - Source: the Mittermayers Aren't the Real Culprits They became the North Fork's local villains for the 1980s. They've been called "the mysterious Mittermayers," a.k.a. the "Pave Robins Island Committee." They've almost never been seen; they just came in, bought beloved Robins Island, and then proceeded to parlay it into big-money real estate. But that's not the real Mittermayers, according to Douglas Riemer. Mr. Riemer says he ought to know. In addition to being the manager of the Peconic River Yacht Basin in Riverhead, he's a subcontractee of the Mittermayers' Southold Development Corp., but also the local agent of the Robis Corp. As such, he's become the liaison between the two. Over the years, he says, "I've spent more time on the island than anyone but [caretaker] Bob Tuthill, and I've fallcn in love with it." This week, Mr. Riemer passed along some news. Did you know, for instance, that Claus Mittermayer, son of Herbert, has been living on Shelter Island for two years? (German Herbert Mittermayer is the major partner of the SDC; son Claus is the president and sole director of the SDC, which bought the island in 1979 for $1.35 million.) Mr. Riemer also says that Herbert Mittermayer has regretted the name, Southold Development Corp., because he is not the destroyer he is feared to be. Mr. Riemer said Mr. Mittermayer "would not deal with people who wanted to develop the island to the max, and bought out the partners who did," Why wasn't that information ever aired before? "Nobody ever asked," said Mr. Riemer. Another item: As suspected, the name What's Robis? . It's a derivative of Rob(ins) Is(land). . It's headed by Allen Senal!. . Its principals are involved In the entertainment and financial industries. . They have no interest in revealing their identities. "Robis" is a mix of the first syllables "Robins" aJ)d "Island," California-based Robis, headed up by Allen Senall, is a consortium of investors who want to own the island, said Mr. Riemer. He de- clined to reveal their identities, but said some are in vol ved in the entertainment industry and some are the heads of fi- nancial institutions. "They want their privacy, and they can have it here," said Mr. Riemer. 'The Untold Story' Mr. Riemer also aired some intriguing documents this week. In addition to the proposed Robis Corp. conservation easement scheme, he produced a seven- page treatise signed by Claus Mittermayer entitled, "The Untold Robins Island Story," The tract, report- edly written in 1990 and submitted to the bankruptcy court that is currently deciding the island's fate, states the fol- lowing: . That it wasn't the Mittermayers who pulled out of the sale of the island to Suffolk County, but rather the county, allegedly hoping to get a price See Mittermayers, next page Who's Paying Robins Is. Taxes? A Corporation Called Y.O.U. is out a total of $4 I ,690.08 in Robins Island taxes. County government pays these tax bills out of its general fund, according to deputy county treasurer Eugene Lester. And that means this: "We're all paying more than our fair share," said Mr. Lester on Monday. He noted that the county also is paying the tax bills for hundreds of other property owners who have sought bankruptcy refuge during the recession, and observed that the situation is a contributor to the financial woes of the county. In the long run, the assumption is that whoever buys Robins Island will have to pay that property lien. But here's a twist What if Suffolk County somehow manages to buy the island? In that event, it would seem likely that the county would be out the money, since it couldn't pay itself. But that's not neces- sarily so, according to Terry Young, secretary to chief deputy treasurer General Rains. These days, she said, some bankruptcy courts are ordering owners to make good on at least some of their delinquent taxes. New Suffolk Divided When it comes to Robins Island taxes, the most concerned parties would have to the residents of little New Suffolk. Bob Sokel, superintendent of the New Suffolk Common School District, said this week that opinions on Robins Island are mixed within the hamlet. Said Mr. Sokel: "Some would See T811ies, next page By .Jeff Miller Guess who's been paying the taxes on Robins Island since 1989? If you're a Suffolk County resident, you have. According to the county clerk's of- fice, the last time the island-owning Southold Development Corp. paid taxes on the island was on June 7, 1989, which a clerk described as "not too ter- ribly late" for that year. After that, how- ever, the owners filed for bankruptcy protection, which relieves them from paying taxes and other bills pending court rulings. So who's been paying the taxes? The peopte of Suffolk County. And a pretty good tax bill's been snowballing since June 7, 1989. Including penalties and interest, the SDC now owes a total of $305,208.10 in back taxes. How do you come to be stuck for that tax bill? Under the Suffolk County Tax Act, taxes that cannot be collected are paid by the county, and a tax lien is placed on the delinquent properties, to be repaid when bankruptcy settlements are reached or deeds change hands. If the county didn't step in, the New Suffolk Common School District, in which Robins Island lies, would be out a total of $120,108.58 in Robins Island taxes over the three years, which would put something of a strain on the school. The county also picks up the tab on town taxes and special district taxes. The town tax bill since 1989 totals $77,137.56. Not only does the county cover these payments, the county itself . -P . .......... o '. -. IJTI]~~ .~ ~,11 c' .HUH,,, ~H . '( Z!>-' . : ".,.! I f Ii , " ~ ~- . - .- r~~--K&~-a;.:ND-~~'T,,:llr -'"-"-"-'-'~~RVA~IO~ ~A~~[NT PLAN -, .11-; '~I t'~-~;,I:: ~ --ll.1~~ J ~-=~~~~~...,.,-,-~,.~=.=-._~........=,,__.,._____. ~..., _.. .=-_,-,.___=IL,_"._dL~f.;:,!'""~.. ..:;i~~~-:-.;;~ THE PLAN-The Robis Corp. map shows the proposed homesite swath in the light shade. and the proposed conservation easement area in the dark shade. Robis Corp. Maps Robins... Continued from page 1 to be preserved by the conservation easement." The Johnson analysis also states: "Robins Island is not a pristine ecosys- tem as has been reported in the press. A large portion of the island was clear cut for agricultural purposes many years ago. The agricultural lands were then abandoned" and a "successional forest" grew, states the proposal, which also cites "e.vidence of commercial activity" in the form of "a brick factory that ex- isted on the island for many years. 'Pristine Nature' (Not!) "In summary, therefore" writes Mr. Johnson, "the island is interesting as a successional forest and because ot the balance-of-nature question posed by the abnormally high fox population, but I feel the "pristine nature" of the island has been greatly exaggeraced," That view is shared by several county legislators, who are calling for financially pressed Suffolk County to abandon efforts to purchase the island for preservation. A valid question is, why is Robis Corp. submitting any proposal involving Robins Island? When last seen, a federal judge had thrown out the $15.2 million Robis contract to buy the island from the Southold Development Corp. last December, supposedly putting the county's $9.2 million contract back in the driver's seat. Why is Robis still in the picture? Mr. Riemer's answer: "Easy. It doesn't cost them anything," He said the develop- ment group sees the predicament facing Suffolk County and is proposing a solu- tion: Limited development and 375 acres of nature preserve. "I think it's the best solution, myself," said Mr. Riemer. "Robis still has to go through Soulhold Town [for development approvals]. If it can't be developed, it will all be pre- served one way or another. So why spend the money when the county does- n't have it?" Mr. Riemer said Suffolk now faces in for $1.2 million in legal fees, and more if the case goes on. He suggests that all legal entanglements be dropped and that Robins Island gets a fresh start. "Let's go back to the open marlcet and see what happens," said Mr. Riemer. If Robis does prevail in the bidding, there's a chance that, at the end of at least two years of permit-seeking, the necessary permits will be denied, he said. "So after two years nothing will have happened except maybe there will be a new dock." The Mittermayers... Continued from previous page lower than the $9.2 contract by forcing the island into a foreclosure sale. . That Claus Mittermayer suffered "an emotional breakdown" due to the events of June 7, 1989, the day before the Robins Island foreclosure sale by North Fork Bank. Mr. Riemer said Claus Mittermayer was nearly disowned by his father as the SDC almost lost the island. The document suggests the connec- tions between various players in the Robins Island struggle that are cited in the SDC's $600 million conspiracy law- suit, filed in 1991 and still pending. Mr. Mittermayer writes that The Nature Conservancy (TNC) "enjoys a specially rewarding relationship with the county," It charges that the Wickham family re- ceived "more than fair market value" upon selling development rights of part of its Cutchogue farm to the county in 1989, and "certainly more per acre than the county is willing to pay for fee sim- ple title to Robins Island." It says: "It is interesting to note that NFBT's [North Fork Bank's] attorneys are Wickham, Wickham & Bressler, and that John Kanas, the president of NFBT, is also a trustee for TNC. In addition, one of the Wickhams is a director of NFBT. One can only question the ability of these parties to make independent decisions in ___ light of their relationships with the Wickhams and TNC," It says, "In early 1989, the Town of Southold discrimi- nately up-zoned Robins Island residen- tial development zoning from 2 acres to --=-~. ---' 10 acres." And there's more. The most compelling passages deal with events surrounding the first fore- closure sale. Although the sale was can- celed, Mr. Mittermayer wrote that the pressure to achieve the delay was like someone "putting a gun to my head and about to pull the trigger." By 10:21 on the night after the auction on the steps of Southold Town Hall, Mr. Mittermayer writes: "...1 contacted my father in Germany but I was only able to mumble that the auction was off, then I was unable to continue to speak. The lack of sleep, lack of food, physical and mental exhaustion and stress during the last 60 hours caused me to experience an emotional breakdown." .Jeff Miller Robins Island Taxes... Continued from previous page like to see some development; a couple of million-dollar mansions would help tremendously. But a lot are concerned about what it would be when developed, with ferry boats running back and forth." The obvious advantage of develop- ment is financial: Mansion dwellers would pay taxes into the school district. Conversely, if the county buys the is- land, the school loses roughly $40,000 per year in taxes (governments don't pay taxes, they collect them). How big a jolt would the loss of that $40,000 per annum be? Mr. Sokel said Robins Island accounts for 13.4 percent of the school district's tax flow. Without Robins Island taxes, the tax rate would increase from $15.32 to $17.37, On a house assessed at $4,000, which he said is a bit high for New Suffolk, the tax bill would climb $82 per year. "Not a killer," said Mr. Sokel, but not a clambake, either. However, at $15,32, the New Suffolk school tax is the lowest on the North Fork by a wide margin. And at $17.37, it still would be the lowest on the North Fork by a wide margin. July2,1992 . The Suffolk Ti~e; ":::'-7 Feds Don't Ante Up On Robins The Feds will not be saving Robins Island this year, The House Appropriations Com- mittee this week declined to in- clude the $2 million Congressman George Hochbrueckner (D-Corarn) had hoped to secure to aid in the purchase of the island for preser- vation. Mr. Hochbrueckner and others had been talking of a coalition of federal, county and private funding sources to provide sufficient cash to achieve the purchase from the Southold Devel- opment Corp. "In an effort to help reduce the deficit ... the committee slashed funding for acquisition of new federal lands, and it therefore did not include funds for the phase of Robins Island," Mr. ch- brueckner reported on Wedne y. 1/7/13 - ---.---- -------- and contains no rare flora. That week we also learned that SDC president Claus Mittermayer was living on Shelter Island and directing the SDC campaign personally. Two weeks later, Mr. Millermayer suddenly joined the fray, after 13 years of virtual silence since the SDC bought the island for $1.35 million. In a series of faxes and phone calls. Mr. Miller- mayer advanced the argument that the SDC is the wronged party in the Robins Island struggle. And then, on July 18, Mr. Mittcrmayer appeared in Cutchogue at an auction of a painting entitled "Robins Island Race," painted and do- nated by Cutchogue artist Jacqueline Penney to further the cause of the Robins Island Preservation Fund Inc. After his trip into the lion's den, Mr. Mittermayer said of RIPFINC, "It seems to be more of a social club than what I would call a purely motivated environmental group." Island ownership continued its twist- ing path through the courts in the fall, and the year ended with a blow to RIPFINC. The U.S. Supreme Court re- fused to hear the merits of the Wickham claim, the Wickham family' s bid to as- sert its pre-Revolutionary claim to I Robins Island in order to promote preservation. It was the last avenue of - lItgument for RIPFINC, and in effect _~g p~S killed the claim. Said group spokesman Art Ross, "It's been a long, interesting fight, and we're disappointed of course." But he added, "We don't want to hear chainsaws across the land on Robins Island this spring, so we'll keep on working" on different paths. the island.owning Southold Develop- ment Corp. were negotiating. The sub- ject of the talks was shrouded by a gag order. The shroud fell off in early June when Suffolk County officials toured the is- land in order to determine its viability for development. Although the gag or- Robins Island ",- ~\'v~ ~\ The seemingly endless tug-of-war over Robins Island began tugging again in March with reports that Suffolk County Executive Robert Gaffney and der supposedly was IDled by then, offi- cials were mum on the negotiations, ex- cept for suggestions that some sort of partial development deal was afoot. In return, there was talk of the SDC with- drawing lawsuits naming the county, which still was half -heartedly pursuing its $9.2 million contract to purchase the island. The following week, the North Fork Environmental Council staged a rally to protest the county negotiations. The issue jumped onto the front page on July 2, with the airing of a proposal I by the Robis Corp. of California for a partial development of Robins Island. I Robis, the group of investors whose $15.2 million contract to purchase the I island had been invalidated the previous year by a federal judge, proposed a con- I servation easement plan that would set aside 375 of the island's 434 acres "for I scientific and educational purposes." The rest, a strip of waterfront ringing I the north and east coasts, would be de- veloped with 12 to 20 multimillion-dol- I lar homes on five-acre mini-estates. The proposal was submitted attached to a 1983 "Ecological Evaluation of Robins I Island" upon which pro-development forces in coming weeks based argu- I ments that the island is not "pristine" I I I I I I I I I I Fire Pensions The Defined Benefit Service Awards retirement plan for long-term fuefight- ers had been approved by several North Fork districts when it became a hot is- sue in Orient. After several meetings and much dehate, that district voted down the plan on Aug. 3. The issue kicked up two weeks later in Southold, wben that district approved the pensions, but some residents com- plained of insuffICient public notice of the vote. A call arose for a revote. Dis- trict comntissioners argued that the legal requirements had been fulfilled, and no revote was scheduled. Orient put the pension plan to a revote on Oct. 1, and again it was de-nfeated. "I think it's going to be a dead issue to the time being," said Pete Luce, chairtnan of the Orient fue commission- ers. That same week, the Greenport Fire District began discussions leading to toward a pension plan vote. r--------------, I I I I I I I I I I I I I I I I I I I There's something ne~ in the air on the East End. Vincent Tirelli CERAMIC TILE AND MARBLE Over 30 Years Experience 765-5734 WINTER SPECIAL Any standard size ceramic tile tub or shower enclosure . Washed down with approved solvent . Regrouted with acryUc additive . Tub seams and comers caulked Labor and material $8900 L____________~_~ Mittermayer Issues (0 An Island Ultimatum Seeks a Quick County Answer On Vacation Home Settlement The president of the corporation that owns Robins Island has issued an ultimatum to County Executive Robert Gaffney to either endorse a limited development plan or face litigation "in- to the next millenium~' The county, said Claus Mittermayer, South old Development Corp. president in a July llletter to Gaffney, "is clear- ly at a take it or leave it crossroad~' Mittermayer said the county must respond before a federal court again takes up Suffolk's effort to gain ap- proval for a $9.2 million purchase agreement signed three years ago. The case could continue in a matter- of weeks. After that, he said, no settlement will be considered. Earlier this year the county and Southold Development entered into a "standstill agreement" postponing the litigation on the fight for the island's title. Gaffney, who long has said the county cannot afford the island, was said to be leaning towards an endorse- ment of a limited development pro~ posal. South old Development is seeking court approval to close on a 1988 con- tract with the California-based Robis Corp. for $15.2 million. Robis has pro- posed the construction of up to 20 houses on 30 acres, leaving the rest un- touched and managed by a conserva- tion group such as the Peconic Land Trust. Political Ping Pong Gaining support from six Democratic county legislators for his budget deficit package, Gaffney' pledged to reconsider his opposition to the county acquisi- tion. Mittermayer told the Traveler- Watchman he believes he has been caught in a political"ping pong game" and that "we are simply not willing to wait for him to make up his mind when he thinks it is politically expedient:' Gaffney did not respond to requests for comment earlier this week. In a separate letter, Mittermayer, whose company purchased the island in 1979 for $1.3 million, also urged former North Fork Environmental Council President Ronnie \\!acker to end her op- position to the construction of vacation homes on the 435-acre island, which is zoned for IO-acre lots. "There is a short window of oppor- tunity to make a settlement with the county;' Mittermayer wrote. "Alter- natively, after continued litigation a full-scale development to the extent per- Continued on Page 9 I- - <U '- V -"'- "'. "'Q <;:::,~ On ~ ~ ~ ~ -0 -5 0 -5 "Vl C t:::'''': "'0 ~.~ := _ "0 O'o..s:: ;:j:: _ - ClS C ~ cu '- ~'2 ~:g ~~~ ~~Vlg~:ClSE~ @~~g~ -;:j C'3~E~ Ecu3- i::.2~.L:l~,<:::,-5~llJ llJ I- 0 <1f - '-....... o.".:=: c:: 0 llJ _ C'3 v,'::''''':' Vl ...... ..t: ~ N ClS Vl._ ~~ ~;:jo~ C'3C llJ~..s::..t:- "-~C'3 ._00-'-_ Wo. ~~~~=Vl~ ~o v..s::l-i: ~~~~E ~. 0. Vl:-::::?; ~ 0 ~ v "'0 i::9 ~ i: OQ !l) C'3 ~ ~ "0 i:'o 0. 0 -- t:: ..s:: ClS I- -:s - .- ;:j;>. C ;>. ClS _ C'3 _ 0- ~~"'O~~r ..s::BO~CgClSc~ ~oC'3~~ r.Il Vl ';j "0 ~ ~ . ~ . I- ~ U Vl Vi cu @ ; i: :::: ~ -5 - ~ - ~ ~ c ClS Vl ~ -0 .- Vl ~ .... llJ..s:: 0 _ v 0 C'3 ~ u ""0 IV .. ~ ~;>. ~ ~ I- ro - ';j -5 ~ ~. ~ ..s:: 1: E 0 t:: u.~ Vl " . ~~I- I-VlV"'O!Vl Ud",o....o-c.-vl- 05~.5-5~ ~~V ~.--ov v~~EOC~C'3Vl~..s::llJ ~.Ot~~~~ ~=> llJ~g~o..s::C<V~~~Vl.- -E ~-'-._~c= E~.~ ~....d.E-:~~;C'3-~~8.~g< S~~~ ClS2 ,.,... 0 .:: 50. 0 ~ E ~ >- "i" - E ~ -0. ~ :; ~ 'co. '" ~ ~o :. 1::; - Vl .... '- ~ llJ ~~~ ~ro -~ ~ >o~ OU c._~BcO~1- ~-...:::! ~ ~ -..s:: "'C:-:::: U e v ~ U i: u..s:: U .... ~ U 0 ~ Vl ro 0 >- c::...Vl .... "t:3 >>a: t t.; u ~ Vl E llJ E ~ e.- llJ 3- ~ c -g ..;::: ..... :2 e t:: I- co ~ ~~~~ ~~~5~~~~=~.~5zo~~~~g~SS&~E~ ~... - \J U" CO.D I- _~, Vl .... - 0 1-0 Vl I- ClS "'0"_ _~.._ ~ Vl ~'':: u Vl:.-.::;.;. C'3 c ~ ...... .;;:: OJ)::.... .;:j U ;:j I- ~ ~ ClS;:: ..s:: ..s:: ._ r... li::: ~ - 0.... I- 0. U ~ (j 8 c .g E :';:: :';:: 0. OQ _ OQ \J ~8'6 g 9 ~ ~?J -"'C U IV - G ~ ---- ~ S::.. r-- The report's findings, Mittermayer wrote, "completely rebut and are con- trary to the unfounded and un- documented claims... that Robins Island is 'pristine' and must be preserv- ed untouched in its entirety because of its unique ecological significance' He declared that "pseudo-environ- mental advocates" kept the findings well hidden. He suggested that an of- ficial at the Nature Conservancy, which requested the report and later acted as the county's agent in negotiating the 1989 county agreement, and former County Legislator Steven Englebright, currently a State Assemblyman, gave instructions to "kill" the report. Englebright, formerly a SUNY Stony Brook professor who wrote the descrip- tion of the island's geological features, said Mittermayer incorrectly states that he was a member of the county legislature when the 1983 report was prepared. He did not take office until January 1984. No effort was made to kill the report, said Englebright. "This is baloney;' he said. "It was just a preliminary field survey. It was not meant to be for anything other than internal use. At that time the Conservancy was assess- 3 . G) 109 the merits of getting involved with the preservation effort~' Englebright conceded that the island's appearance has been shaped by human activity, including brick making and iron smelting operations. Even so, he said, "it has recovered and has not lost its character~' The Assemblyman also questioned why South old Development takes issue with the use of the term "pristine" in describing the island when the com- pany's own sales brochure makes that same claim. In that brochure Robins Island is described as "a beautiful work of art by the Creator" and "an example of unspoiled nature without ecological problems~' It also quotes the opening line of a poent appearing on the back of a hand- painted menu from a hunting club par- ty in 1888 calling the island "an emerald rare and bright~' HThere is a contradiction as to what they have said in print previously and what they are saying now;' said Englebright. "It appears to be based on their sense of opportunity perceived at any given moment:' -Tim Kelly Robins Island's Human History.:: NEW SUFFOLK - Continuing its inventory of the natural resources on Robins Island, the administration of County Executive Robert Gaffney is unlikely to offer any pronouncements on the island's fate before the end of the summer. Saying Gaffney also is awaiting word on the availability of state and federal purchase funds, George Proios, assis- tant county executive for environmen- tal affairs, told the Traveler-Watchman this week that the county's discovery of several past commercial enterprises on the island, including brickmaking and iron smelting, may lower the value below the $9.2 million the county agreed to pay for the property three years ago. A lO-year-old Cornell report found that "the history of Robins Island is one of human use and exploitation of the island's resources~' Several county officials toured the island on three consecutive days earlier this month to determine if there are non-sensitive areas where new residen- tial construction could take place. The island, said Proios, "obviously is not pristine. I was Quite surprised about the iron smelting. That's not something we could have expected to see there. We're surprised how much ac- tivity was on this small island. It ap- peared to be a manufacturing center~' Calling the island a unique and in- valuable piece of open space, several en- -vironmental groups and elected officials' are urging Gaffney to continue the fight for the purchase agreement signed in 1989. County Legislator Michael Carac- ciolo of Wading River scoffs at the con- tention that the long-abandoned iron and brick works have reduced the island's value. "That sounds terrible, but how long ago was that and what impact did it have on the island?" the legislator said. "Does that suggest that there is not an abundance of wildlife and endangered species on it? Of course noC' The Southold Town Democratic Committee joined the debate this week, urging the Republican Town Board to press the Republican County Executive to press for the purchase initiated by former Democratic Executive Patrick :Halpin. Gaffney, who has said the county can not afford the island, earlier this year entered into negotiations with Southold Development Corp., the island's owners since 1979, seeking to end several lawsuits on the property's ownership. Refusing to honor the 1989 agree- ment, South old Development has re- quested court approval to sell the island for $15.2 million to the Robis Corpora- tion, a development consortium. Last December a federal judge found that the 1988 contract between Robis and Southold Development had ex- pired. But the court did not rule on the Continued on Page 9 ls1and'8 History ties are more valuable than others:' In addition to its own recent field surveys, the county is reviewing a 1983 ecological evaluation of the island com- pleted by the Seatuck Research Pro- gram of Islip for the Cornell Laboratory of Ornithology. The ;eport found that "the history of Robms Island is one of human use and exploitation of the island's resources~ ' It said that "human occupation has played a major part in determining the present ecology of the island. Since Europeans arrived at Robins Island in the 1640s the island has been cleared farmed, grazed, mined and stocked wtth exotIc flora and fauna. The ap- pearance of the island today is mainly a result of these human activities~' The East End's aboriginal in~ . habItants called the island "Anchan- nok" meaning a place full of timber and used it as a fishing and sirellfishin~ statlo~, and for portage in crossing Peconrc Bay. Continued from Page I ,alidity of Suffolk's agreement, and in- ;tead returned the case to Bankruptcy Court. That decision is now on appeal. Gaffney, who took office in January, has been expected to drop the county's acquisition efforts and instead back the construction of luxury homes on 30 of the island's 435 acres. First District Congressman George- Hochbrueckner has requested a $2 million federal grant to aid the acquisi- tion drive. Supporters of a public pur- chase also are pressing the State Legislature, now in the final days of this year's session, to approve a $100 million environmental trust fund which also could provide partial funding.. "If we had unlimited funds, no pro- )lem:' Proios said Qf a county pur- ;hase. "But without unlimited funds Ne have to set criteria on what proper~ They fashioned pottery from the island's clay, and believed the iron-rich water from the spring near the clay pit had medicinal properties. The later- arriving Europeans also found uses for those resources. cea.st:u 111 ............... .. ........ ..... ~...._.iU was sold to the Robins Island Club Inc., which operated a shooting preserve. That use continued under different owners until Southold Development Corp. purchas- ed the property from John Mackay, who acqUired it in 1958. In addition to recounting the island's history, the Sea tuck Research Program report lists the island's geological features, soil types, and native or in- troduced plant and animal species. . It found one to five rare plant species, five to 20 considered "uncommon" and 21 or more in the Hcommon" category The island also is home to a length; list of birds, including the least tern and osprey. The study also found a large popula- tion of white-tailed deer, and said the eastern gray squirrel, white-footed mouse and red fox are present but rare . It listed the European hare, muskra; and Norway rat as locally extinct. -Tim Kelly In the mid-1700's and again a century later, the clay was fired into bricks. Bet- ween 1790 and 1792, one Cutchogue store purchased 100,000. Near the time of the Civil War the' black sand near the clay pit was pro- cessed into iron use, the report said, "to. make high grade cutlery:' Colonists grazed cattle on the island. as early as 1656, and there was a tan-, nery in operation in 1712. By the early' 18th century most of the original woodlands were cleared for farming, but most have since grown back. [n' 1931 about half the island was wood- ed. Ten years ago trees covered 80 to 90 percent. Commercial agricultural activities SDC Launches a Letter Call1paign By .Jeff Miller Ronnie Wacker of the Save Robins Island Committee, in response to her comment in a New York Times story printed the day before. The comment! "We never said that it was pristine. We said that it was natural and undevel- .------ There's a new Claus Mittermayer around town. The old Claus Mitter- mayer was the mysterious, silent West German president of the Southold Development Corp., owner of Robins Island. But all of a sudden, Suffolk County is mired in fiscal crisis, preser- vation efforts are in doubt, and Claus Mittermayer is encamped on Shelter Island, firing off letters to keep the fires burning. In his first known communications since the SDC bought 434-acre Robins Island for $1.35 million in 1979, Mr. Mittermayer sent out two letters this week, the first to County Executive Robert Gaffney. That letter begins by attacking preservation forces, and then shifts into a hard-sell presentation, as- serting that full preservation will cost the county $57.5 million, whereas Suffolk can have 92.5 percent preserva- tion for free. The letter's lengthy and headlong opelllng shows the eagerness of the new, assertive Claus Mittermayer: "Dear Mr. Gaffney: Please examine the enclosed information documenting that Robins Island is nei!her pristine not ecologically significant and that the pseudo-environmental advocates of the island's acquisition by Suffolk County have conceivably known and concealed these facts for nearly 10 years culminat- ing in the Halpin Administration's cons.istent and possibly deliberately mis- leading and deceiving your constituents - the people of Suffolk County." The second letter went out Monday to 'Suffolk County could receive, at absolutely no cost ... complete pro- tection against any development on more than 400 acres (92.5%) of Robins Island' -Claus Mitlermayer . 'Balderdash.' -Ronnie Wacker oped, and that the people who owned the island have always been very careful of it until the current owners. So what if it's not pristine? It's still the most natu- ral island we have on Long Island, and it's a relief to look at something like that instead of shopping centers and malls and that sort of thing." 'Use and Exploitation' Mr. Mittermayer's response to Mrs. Wacker: "It appears that you are acknowledg- ing that Robins Island is not pristine and in fact has a long-standing history of human use and exploitation of the is- land's resources." He then lists uses as- cribed in the Seatuck Research study in ]983, including the following: "Large portion[s] orthe island have been clear cut several times for agricultural pur- poses; extensive cattle and sheep farm- ing; clay from the island was used for pottery, the clay pit was also used for brick making (about 100,000 bricks per annum); iron smelting operation; tan- nery utilizing oak trees as source for tannin; shooting preserve as Robins Island Club..... The last item on that list says that previous owner John Mackey used the island as a shooting preserve, and that "John Wickham, a hunting companion of Mackey, did clear large sections of the island near the manor house on behalf of Mackey." Considering those uses, Mr. Mittermayer wrote to Mrs. Wacker that he is "perplexed that you, in good con- science," could suggest that previous owners have nurtured the island and that the SDC has not. He argues that the - H, July 16, 1992 . The Suffolk Ti~ 5 SDC has cut no trees and built no houses. Regarding Mrs. Wacker's "shopping centers" remark, Mr. Mittermayer writes, "Had you reviewed the ... lim- ited development proposal... you would have noticed that it does not include the construction of shopping centers and malls, in fact it only discusses the con- struction of a low number of seasonal vacation homes which are set back several hundreds of feet from the bluffs making it virtually impossible for you to see anything other than what you are currently seeing from your home at Nassau Point or from Peconic Bay for that mauer." And so, Mr. Mittermayer writes, "I trust that upon reflecting on the facts at hand vs. fiction you will re- frain from further derogatory, un- founded and untrue statements in re- gards to Robins Island or its current owner(s)." Wacker: 'Balderdash' Mrs. Wacker responded in assertive tones of her own. "This is absolute non- sense. Ba.lderdash," she said. The island f See Campaign. page 17 ----ca-mpalgn... Continued from page 15 ' must be preserved in its natural state, not partially developed, which she de- scribed as similar to being "partially pregnant" She said, "I've made no un- founded statements:' and stressed that the island's naturalness would be de- stroyed by houses. "I've been to the island a number of times, and I've had deer eating out of my hand," she said. , She also said that Mr. Mittermayer baSe ~rQ"gh' u-IJublc upon himself by seeking to maximize his profit. "I just feel that he's been greedy." she said. In his letter to County Executive Gaffney, Mr. Mittermayer boosts the partial development plan submitted to the county two weeks ago by the Robis Corp. of California, which also has been seeking to buy the island. He writes !hat development would be limited to 30 of !he island's acres, meaning !hat, if ap- proved, "Suffolk County could receive, at absolutely no cost to !he county or its taxpayers, complete protection against any development on more !han 400 acres (92.5 percent) of Robins Is]and." Conversely, if Suffolk continues to "litigate into !he next millenninm," !he cost will total $57.5 million, !he $9.2 million purchase price plus debt service over 30 years. And since the Robis pro- posal offers all but 30 acres free, Mr. Miuermayer argues that Suffolk would in fact, be spending $57.5 million for 30 acres. In bold-faced, underlined print, Mr. Mittermayer writes, "Are 30 acres of land that have been previously devel- oped and are not environmentally sensi- tive worth more than $57.5 million, plus hundreds of !housands of dollars lost annually in tax revenue so that nobody can enjoy any part of Robins Island?" Mr. Miuermayer supplies bis own re- sponse: "The objective answer to lhis question is clearly - No! Realistically, it is far beller that !he county publicly takes a stand and removes its objection to limited development of Robins Island." In closing, Mr. Mittermayer suggests !hat !he county might "be well-advised to appoint an impartial investigation committee and/or prosecutor to examine what appears to me to be the deliberate and systematic plundering of taxpayer funds for the benefit of special interest groups like The ~ture Conservancy and their cronies." He concludes: "You will seriously consider consummating immediately !he proposed settlement of this matter, as I cannot in good conscience as president of SouJllold Development Corporation strive ll\' keep any settlement offer out- _.__..1:__ ~n""" In.nnts'' Plp.!).lU'. nntp. that - I t Poppycockl New Suffolk To the Editor: Balderdash! Now that's a delightful and well-reasoned response by Mrs. Wacker to the proposal by the Mitler- mayer group. I think that if Jeff Miller accuralely reported the essence of the SDC's Ialest offer in last week's paper, we, the taxpayers of Suffolk County, owe it io ourselves and our children to take a hard look at the compromise now : being offered. 1(); !q;)- If I understand it correctly, Suffolk County would get title to 92.5 percent of the 434 acres for free in exchange for permitting limited development of vaca- tion homes that would be set back from the bluffs so as not to spoil Mrs. Wack- er's view. Robins Island is beautiful; however, it is not pristine nor unspoiled. On numer- ous occasions, I have personally ob- served evidence of a variety of previous uses, including light manufacturing and agriculture on the island. Now consider that banks routinely require what is known as Phase I and II site assess- ments before lending money on a parcel such as this. Assuming that the 1983 Seatuck study was reasonably accurale, it is not unthinkable that such an as- sessment would uncover levels of con- taminants, including heavy metals, from some of the prior uses which would need to be cleaned up before a bank would provide the development financ- ing. Such a cleanup if it were found to be necessary could be very costly. I have some insight into the process being an environmental consultant myself. I'm also an attorney and I know howexpen- sive (and pointless) protracted litigation can be. I'm as concerned about the environment as I can be but we need a balancing of the interests not a one- sided approach. I also know the effect of removing property from the tax rolls forever. It means that, for the rest of us, we pay more. Worse yet, it means that the rale of increase also rises. When all avail- able property is finally owned by the state or county and not generating tax revenue, it will be sucli a wonderful place... to visit, except lor one other small item. The county or state govern- ment probably won't have the money for the upkeep either, and what do you suppose that unattended public lands fi- nally become? So Mrs. Wacker, it looks like the county will get title of 404 acres no mat- ter what happens. However, if the caunty wants all 434 acres it will have to pay $57.5 million, (9.4 million amor- tized over 30 years) plus lose the land from the tax rolls forever, plus the cost of any environmental cleanup and preservation should that be necessary. The choice is then to let Robis Corp. have 30 of the 434 acres while the county gets 404 acres for free or to pay $57.5 million for those last 30 acres so we can "have it all." Really Mrs. Wacker, why not show that you can be just as reasonable as the next person and at least give the pro- posal a fair analysis. Why should we miss the opportunity to obtain 92.5 per- cent of what you want, for free. The rest is ... well ... poppycock! Very truly yours, Dunewood Truglia, Esq. President Dalton Environmental Ltd. Mittermayer Speaks Owner gives Suffolk County a 'grace period' Two weeks ago, we found out that Claus Mittermayer, president of the Southold Development Corp., has been living on Shelter Island for two years. This week, Mr. Mittermayer began sending out faxes with his Shelter Island telephone number on top. On Wednesday, 13 years after the SDC bought Robins Island, Mr. Mitlermayer returned a phone call left for him earlier in the day. Mr. Mittermayer confIrmed that he is once again pursuing the sale of the is- land to the Robis Corp. of California . through the federal Court of Appeals. And the time that remains until that case is decided is a "grace period" for Suffolk County," he said, adding, "We cannot hold off any more. We have ---------._--- . creditors to pay." Asked how he and Allen Senall of the Robis Corp. fIrst met, Mr. Mittermayer said: "We came together through a bro- ker. Mr. Senall came to New York, my father and I were in the area, so we met and looked at the island and came to terms. Then we ran into problems with the Wickham claim, and we couldn't get title insurance, not because they gave any merit to the claim, but out of con- cern over litigation costs." Asked if Mr. Senall himself intends to live on Robins Island someday, Mr. Mittermayer said, "I don't think he'll live there; maybe he'll have a vacation home there." He said he's met one other principal of the corporation, but declined to give a name. Mr. Mittermayer said Shelter Island has become his base of operations due to the Robins Island litigation. Regarding Shelter Island, he said, "It's very nice, very quiet. But I do have to travel quite a bit." He travels on busi- ness, "not in the U.S." And the business trips don't have much to do with real estate, he said. "Real estate is not really our primary business," said Mr. Mittermayer. The family business is aircraft electronics. Southold's hometown newspaper The $uffollc Times 14. The Suffolk Times. July 16, 1992 Robins Island Appeal Rekindled The standstill agreement between Suffolk County Executive Robert Gaffney, the Robins Island-owning Southold Development Corp. and the Robis Corp. that wants to buy the island has expired. Gaffney aide Tim Ryan confirmed Wednesday morning that the pact, which included a press blackout, ran out on Monday. But the expiration means little as far as information from the county goes. "The agreement expired Monday, but there's nothing to report," said Mr. Ryan. "Nothing's happened. The legal ramifications are still ongo- ing." What will happen, however, is that action will begin again on the SDC's appeal of Federal District Court Judge Leonard Wexler's Dec. 22, 1991, ruling that the Robis Corporation's $15.2 mil- lion contract to purchase Robins Island had expired. The appeal of that decision has been on a "suspense calendar" since the standstill agreement has been in effect, according to Louis Scarcella, one of the attorneys who has represented Suffolk during the SOC's bankruptcy proceed- ings. With no further extensions of the standstill, which had been extended several times over its lOO-dayexpanse, the SDC has notified the federal Conn of Appeals that it will once again prose- cute the case, said Mr. Scarcella. Indications from within the Gaffney adminislIation are that the standstill was put in place so that the county could work out a partial development plan for Robins Island. The Robis Corp. of California submitted such a plan to the county two weeks ago. Had .the deal worked out, the proposal called for much of the island to go under a con- servation easement, to which the county would get title. Robis would get the right to develop a slIip of homesites along the 434-acre island's north and east coasts. The SDC would be paid for the island by Robis. Had the standstill negotiations worked out, the suggestion is that there would be no need for the SOC to pursue the appeal of the Wexler decision. And so, island-watchers are speculating that the negotiations fell apart What Gag Order? Not necessarily so, said Mr. Scarcella Wednesday morning. "Maybe it's just an attempt [by the SOC] to protect their rights." He also said he's "not sure all attempts [toward a county agreement] have been futile." As for the gag order, it's not clear if it died along with the standstill. Mr. Scarcella said he is not at liberty to dis- cuss details of the negotiations since they are ongoing. He said it's tip to the SOC to decide. But he also said that so m uch ~as been leaked to the press that the blackout has already been effec- tively broken. Later on Wednesday, SDC attorney AI D' Agostino confirmed th~ expiration of the standstill agreement, and said the decision to pursue the appeal was made because "we can't just keep Robis hanging on the vine forever." Regarding the press blackout, Mr. D' Agostino said it has also "fallen by the wayside," but negotiations with the county are ongo- ing and still caDDOt be discussed. Jeff Miller ~ F ~ .'t',.' ~,'. ..', ~ 1'_'t~,<J ~:' :';,,-,.. _...~.+ .)~. ", :..., I .,_ \_ \"'.". . ~.' I! .~', f ' . I J ' 'I j. ~ } Ju', 23. 1992. The Suffolk Times. 3 Mittermayer's Surprise Appearance - Unannounced visit into the 'lions'den' By .Jeff Miller CUTCHOGUE-If George Stein- brenner walked into a New York Yankees nostalgia night, it would have roughly the same impact that the sur- prise visitor had on Saturday's Robins Island function. The event was the auction of "Robins Island Race," the painting donated by Cutchogue artist Jacqueline Penney to help the Robins Island Preservation Fund Inc. (RIPFINC) effort. Imagine the reaction of the faithful when none other than Claus Millermayer himself walked in. It lOOk place at the home of developer Jim Gray Sr. on Nassau Point. Mr. Millermayer is the West German president of the Southold Development Corp., which owns Robins Island. The SOC, which has been striving to sell the island for partial development, last year named some of the people in the room on Saturday in its $600 million lawsuit charging that a "conspiracy" to block the sale was afoot After years of silence, Mr. Millermayer has suddenly become a presence on the North Fork. He is living on Shelter Island and, with Suffolk County's resolve to purchase the is- land in doubt due to the county's fis- cal crunch, he is personally direct- ing an effort to persuade the county to back the development of 12 to 20 mini-estates on the island by the Robis Corp. of Claus Mittermayer California. B utto suddenly walk into the enemy camp was an unexpected level of in- volvement. CUlChogue allorney Art Ross, who serves as RIPFINC spokesman and who conducted Saturday's auction, said the appearance was a stunner. "Here comes Banquo's ghost to the feast," he said later of his reaction. Accompanying Mr. Millermayer was SDC allorney Al O'Agostino. Unfamiliar with auction procedures, d!J Photos by Judy Ahrens GOING, GOING...-Art Ross, conducting the auction of "Robins Island Race" (with Robins Island in background) on Saturday. Below, artist Jacqueline Penney (right) with winning bidders, Neil and Amy McGoldrick. Mr. Ross said he had previously looked up business corporation law on the sub- ject, and had wrillen into the provisos that no principal or agent of the SOC would be eligible to purchase the paint- ing, because supporters didn't want it to be used for real estate promotional pur- poses. "We wanted a member of the public to have it," said Mr. Ross. Ground Rules Explained Upon Mr. Mittermayer's arrival, Mr. Ross took allorney D' Agostino aside and explained the ground rules. "I de- cided it would be courteous to tell him of the reservation clause. I didn't want a confrontation." Mr. 0' Agostino report- edly replied that Mr. Mittermayer had no intention of bidding. Meanwhile, the SDC president was having a glass of punch and mingling with the crowd that included Dwight Holbrook, who wrote "The Wickham Claim." Mr. 'Here comes Banquo's ghost to the feast.' -Art Ross, RIPFINC spokesman Mittermayer has said that the claim has caused most of the SOC's problems, and Mr. Holbrook is named in the con- spiracy suit In the end, the painting was purchased for $3,500 by stockbroker Neil McGoldrick of Garden City and Mlltituck. On Wednesday morning, Mr. 'From Robins Island, I have had to look at all these house on the mainland...for the last 13 years.' -Claus Millermayer Miuermayer returned a telephone caIlto The Suffolk Times and called into question the maneuver that barred him from bidding on the painting. He said the printed notice for the auction did not mention any anti-SOC stipulation. Asked if he had planned to bid, Mr. See Surprised. page 32 "~- Repor: cvmplicates cty. buy Say Robins Is. no' Ipris'ine' ~ Space program. However, Southold Development Corp. subsequently filed for bankruPtcy and attempted to sell the island to Ro- bis Corp., a California-based real estate firm, for $15.2 mil- lion. As a result, the county sued for breach of contract, with the matter being tied up in the courts and a possible set- tlement being eyed. Meanwhile, Englebright, who now is a state assembly- man and who has openly advocated a county purchase of the island, which he has often labeled as being "pristine," co-au- thored the report. Andrew Walker of the Nature Conser- vancy did not return phone calls for comment prior to press time. Mittermeyer alleges that the Nature Conservancy and Englebright hid the facts brought out in the report, which were reinforced by an independent report of Conservation Advisors of Chadds Ford, PA, indicating that the island has a long history of human use, commercialization, industriali- zation and exploitation. The report found that a large portion of the island has been clear cut several times for agricultural purposes; that the island has seen extensive cattle and sheep farming; that clay from the island was used for making pottery; that there was an iron smelting operation on the island; that oak trees from the island were used in a tannery; and that a shooting preserve once was on the island, among other things. "These findings completely rebut and are contrary to the unfounded and undocumented claims of certain county offi- cials and so-called environmentalists, including the Nature Conservancy itself, that Robins Island is 'pristine' and must be preserved untouched in its entirety because of its unique ecological significance," Mittermeyer states. Indeed, Andrew Johnson, president of Conservation Ad- visors, who turned up the Cornell report during his research of the island, confirms in a memo to Robis Corp. that Ro- bins Island is not a pristine ecosystem as has been alleged. "...the island is interesting as a successional forest and be- cause of the balance of nature question posed by the abnor- mally high fox population, but I feel the 'pristine nature' of the island has been greatly exaggerated," Johnson states. What's more, Mittermeyer states, one of Southold De- velopment Corp.'s law firms spoke with Dr. Thomas Litwin, author of the Cornell report, who advised Southold Devel- opment Corp. upon submitting the report to the Nature Conservancy and Englebright that Litwin was instructed by them not to finalize the report for distribution and publica- tion. Englebright, who labeled Mittermeyer's allegations "a to- tal fabrication and distortion of reality," denied he used hiS position as a legislator to suppress the report. He noted that he wasn't a member of the legislature until 1984, months af- ter the report was done, and was involved in the study based on his knowledge of Long Island geology. As for the report, Englebright said it was not designed to be released by the Nature Conservancy, since it was an "'in- ternal poliCY-determining document," one that the Nature Conservancy was using to determine if it should get in- volved in preserving Robins Island. Although he has seen SEE Page 6 By Mark Woolley Those portraying Robins Island as a "pristine" tract in selling the idea of a public acquisition by Suffolk County are being accused by the island's owner of covering up a 1983 ecological evaluation indicating that the island is far from being the "crown jewel" of Peconic Bay. In a recent letter to County Executive Robert Gaffney, Claus Mittermeyer, owner of the 460-acre teardrop-shaped island, alleges that deliberate attempts were made by the Na- ture Conservancy and former Legislator Steven Englebnght (D-Setauket) to "kill" the report in 1983, the same year, he says, the Nature Conservancy began acting as the county's agent in trying to buy the island. The Nature Conservancy, who commissioned the re- port by the Cornell Laboratory of Ornithology and the Sea- tuck Research Program, receives up to three percent of the purchase price of lands acquired under the county's Open Space program. The county entered into a $9.2 million con- tract of sale with Southold Development Corp., of which Millermeyer serves as president, in 1989 under the Open ISLAND PARADISE?--Those knowledgeable of a report claiming that Robins Island is not as pristine as the report claims have come under fire for allegedly withholding the findings of the document during attempts by the county to acquire the island under Suffolk's Open Space program. This aerial photo of Robins Island indicates the tract has some pre-existing homes. Eagle Eye aerial photo. (FUL C22F) ... .- - - Robins Island... from page 2 the report, Englebright as- serted it was not his to issue, that he has shared any infor- mation he has of the island with the county, and that he never represented the island as being untrod upon. Englehright said he has represented the island as be- ing of high ecological Quality that is worthy of preserva- tion, a view shared by the Nature Conservancy, but has never said the island is a vir- gin wilderness. The word "pristine," which he ac- knowledged he has used to describe the island, is not enough to define public pol- icy in acquiring the island, he said. Furthermore, Englebright asserted that Robins Island is pristine in the same sense as Gardiners Island, which was intensively cultivated by the end of the 1600s. And, he said, Mittermeyer is being contradictory in claiming Robins Island isn't pristine, because Mittermeyer has used "glowing ecological easements or deeded outright terms" to describe the island to a "bonafide" environmen- in a promotional brochure to tal organization. sell the island. The limited development Englebright said he also plan, Mittermeyer states, rejects the allegation that he consists of weekend and va- and the Nature Conservancy cation homes, with the tried to keep the report se- county getting complete pro- cret, pointing out that those teet ion against any devel- involved in preparing the re- opment on more than 400 port stayed on the island for acres, at no cost. It also al- at least five days in shelters lows fill' scientific and special provided by the owners, groups to utilize the pro- meaning that Mittermeyer teeted a~ge under the su- had knowledge of the report. pervisiOl.of a "bonafide" Whether Mittermeyer ac- nonprofit environmental tually saw the report until re- group. cently, as Mittermeyer Mittermeyer, in his letter claims, is something Engle- to Gaffney, also adviscd the bright said may also be false. county executive to appoint "He's reaching and has a an impartial investigation look of desperation about committee or prosecutor to him," Englebright said. examine the role of the Na- Despite his recent discov~ ture Conservancy m the ery of the report, Mitter- county program, along with Englebright's involvement in meyee states, a settlement over title to the island still is co-authoring the report. And, he urged Gaffney to seriously pending between the owners consider the settlement plan, and the county, onc that calls "as I cannot in good con. for developing some 30 acres of the island and the remain- science...strive to keep any settlement offer outstanding der subject to environmental much longer." . At this point, according to County Attorney Robert Cimino, the county is not lit- igating over title to the island for complete preservation. Instead, hc said, the county is "kind of talking" to the owners, leaving it open to thepossibility of partial de- vclopment of the island. Legislator Nora Bredes (D-Stony Brook), who favors total preservation of the is- land, said she "has not seen the report, and asserted that the report had been released by developers with "self- serving motives:' She also said Gaffney, in forming a tri-partisan coalition of law- makers to help resolve the county's fiscal problems, of which Bredes is a member, gave no commitment for a county purchase of Robins Island. ~"wtead, Bredes said, Gaf- fney offered to keep an open mind on the possibility of a publie/private purchase. However, the possibility of federal funding playing a part in a joint acquisition bas diminished now that the House Appropriations Com- !mittee failed to include the island on a list of $67 million in proposed nature refuge ac- Quisitions. Despite the loss of fed- eral funds and the damaging evidenee in the Cornell re- port that Robins Island isn't pristine, Bredes said she still believes the island should be preserved for future genera- tions, with the island being used for environmental stud- ies by school children. As for how the school children would gain access to the is- land, she said, "We'll cross that bridge when we come to it." But Legislator Tom Fin- lay (R-Islip) said he still op- poses the county purchasing the island, and said it " should be bought by a developer who is interested in putting the island on the tax rolls. " ~ . . ." , ','..'. "j~'." ,i' .. 17... ... "d' .,' ,;".~,,~, '\ . "",." 1. ' J" C:;;';J:,C., (~' ,~\ ". .... ~}'.. '<1.'''' ,'\ :". " '. ,- .\ 0,...'.... "l' ,,' ... ' - ./<"l " . ",,_, "',: ':;"'"/,-;:0';;;; .- ....,-~J ' ,'.,'.,- ,1" :~..".t~l .~.." '-' '.., "'-"-i; ,.,r SJlAeFlct Pf)- ('., is ." JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765.1823 Telephone (516) 765.1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ".... ~ '- l't')~ June 25, 1992 To: From: Re: All Southofd Town ~epartments Judith Terry, Town Clerk Robins Island Attached is a request under the Freedom of Information Act with respect to documents pertaining to Robins Island. Please review this request very carefully and submit to me copies of everything you have on the subject at your earliest convenience. Thank you. Supervisor Town Attorney Board of Appeals Assessors ~ Planning Board Building Department Trustees Community Development Historian Superintendent of Highways ill U: ::2~ ,00 ._.---1 '-"'" _.J .:...:---~_.~ ._--- ;I 'J. . . SCHEDULE A /Q70 --- M+- ' I wk''f I 1-----' Request from the Town of Southold under the Freedom of Information Act 1. olutions or Recommendations pursuant to Sec. 239-m of the General Mun' . al Law, the Suffolk County Charter or any other Municipal Ordinance atute which may have been issued by the Suffolk County Planning Commis' in relation to the up-zoning of Robins Island or in any way relatinto Robins Island. , 2. A d all Document3i_( including Minutes of Meetings, Memoranda, Correspon ce, etc.) relating to Robins Island, involvin the Town of Sou (including any representative or agent thereof) jmd any Branch, Ag_E!_~,r_subdivision of the Suffolk County Government (including any representative or agent thereof) . -3~ ny and all Document~ (including Minutes of Meetings, Memoranda, Corr dence, etc.) relating to Robins Island, invo~ying the Town of olq (including any representative or agent thereof) and any Branch, cy or subdivision of the Natu~e ~~onservan~y (including any representa' or agent thereof). 4. h . 9nd~alJ- DO-9!!lIS!nt~ (including Minutes of Meetings, Memoranda, Corre dence, etc.) _~~latinq to Robins Island, involving the Town of old (including any representative or agent thereofr'aniCany Branc - ... subdivision of the peconic Li3,ng .Trus.t (including any representative agent thereof). ~and_a_!.lj)ocuments (including Minutes of Meetings, Memoranda, Corie~ e, etc.) relating to Robins Island, involving, tl}!';Town of l?9_U,! including any representative or agent thereof) and any Branch or . vision of the Seatuck Research Program (including any representat~ -sr agent thereof). -Eh--An, and all Documents (including Minutes of Meetings, Memoranda, Corre nce, etc.) relating to Robins Island, involvinq the Town of Sou . including any representative or agent thereof) and any Branch 0 bdivision of the~rnelJ.. Labo~~torY_9f_9rnitholo~~ (including any .sentative or agent 'thereOf) . '7 ~ and all Documents (including Minutes of Meetings,' Memoranda, Correspon etc.) relating to Robins Island, involvin3..~he Town of, Southo ~uding any representative or agent thereof) and the Southold DeveloPrnent~or~ion (including any representat~ve or agent thereof). , Co . . ~n and all Documents (including Minutes of Meetings, Memoranda, Cor ondence, etc.) relating to Robins Island, involvin the Town Southold (including any representative or agent thereof) and any Agency or subdivision of the-Mew York State Governmen~ ng any representative or agent thereof). 9. and all Documents (including Minutes of Meetings, Memoranda, Correspo ce, etc~) relating to Robins Island, in~olving the Town of Sou (including any representative or agent thereof) and any Branch, Age r subdivision of the !ULLt~g. States Governmen~ (including any represen ive or thereof). 10. .. A1!Y_End all DQcumgnt!? (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative' or 'agent thereof) and the Robins I.slan.dXr:l:_~ervClti.on Fund, Inc. (including any 'representative or thereof). and all Document~ (including Minutes of Meetings, , Correspondence, etc.) relating 'to Robins Island, involving the n of Southold (including any representatIve or agent thereof) any Branch or subdivision of the Suffolk County Historical Society (in any representative or tnere<)'f'}-:-' , - Any and all Documents (including Minutes of Meetings, Memoran , orrespondence, etc.) relating to Robins Island, involvinq the _ of Sduthold (including any representative or agent thereof) an Branch or subdivision of the North Fork Bank and Trust Compi'lny (inclu' ny representative or thereof). AnY.........E.Q<L-A.ll Documents (including Minutes of Meetings, Memoran orres ondence, etc.) relating to Robins Island, involving the Town.., S.outhold (including any representative or agent thereof) and Branch, Agency or subdivision ~f., the.~F.q!!J,l!~Js.l,fl1).~LA,dx.i.SQrY_Committee (including any representative or thereof). and all Documents (including Minutes of Meetings, corresporldeiice, etc.) relating to Robins Island, involving t own o~__~o~i.hqld (including any representat'ive"or agent the reo d any Branch or subdivision of the Group for .the _South F9rk (inc . 9 any representative or tnereaf) . and _a1.1..__D9.~l!.ments (including Minutes of Meetings, Memoran Correspondence, etc.) relating to Robins Island, involving1:h~'_L__n _.9.t:.m.So!lthold (including any representative or agent thereo~nY~B;~nch or subdivision of the North Fork Environmental Council (~ing any representative 'or"ffieieofr:--- --_.. -. . - Any and all Documents (including Minutes of Meetings, Memora Correspondence, etc.) relating to Robins Island, involving t own of Southold (including any representativec-or u<agent~~ ancr- any Branch, Agency or subdivision of the United states A~ of Enaineers (including any representative or thereof). - 17. and all Documents (including Minutes of Meetings, Memoranaa, espondence, etc.) relating to Robins Island, involvin~ the To of Southold (including any representative or agentU~thereof) a Branch, Agency or subdivision of the Suffolk County Department of Parks (including any representative or thereof). Any and all Documents (including Minutes of Meetings, Memor Correspondence, etc.) relating to Robins Island, involving Town of southold (including any representcf1:l.ve or agent - the and any Branch, Agency or subdivision of the Suffolk County artment of Conservation 7 (including any repre e or ereo Any and all Documents (including Minutes of Meetings, Memora Correspondence, etc.) relating to Robins Island, involving t own of Southold (including any representative or agent the and any Branch, Agency or subdivision of the Southold Town Dem tic C.ommi:t:tee_ (including any representative or thereof). 20. and all Documents (including Minutes of Meetings, Memoranda, respondence, etc.) relating to Robins Island, involving the of Southold (including any representatIve'or agent thereof) an ight Holbrook (including any representative or agent thereof)~<-<~c- ---- 21. Any and all Documents. (including Minutes of Meetings, Mem6ran , Correspondence, etc.) relating to Robins Island, involving the wn of Southold (including any representatTite nor agent thereo d Robert Pik~ (including any representative or agent thereof). 22. Any and all Documents. (including Minutes of Meetings, Memor'iinda,--.Correspondence, etc. ) relating to Robins Island, involving the Town of Southold (including any representative or agent~tlnereof) and~~Wickham (including any representative or agent thereof) .----- ' ~ Any and all Documents (including Minutes of Meetings, Memoran Correspondence, etc.) relating to Robins Island, invol,v~~g: t ' Town of ___Southolci (including any representative or agent thereo nd Thomas Wickham (including any representative or agent thereoff.-- 24. , Al1Y___.Cll}d all Docul1lent~ (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins . . . . Island, involving representative or agent representative or agent Town there thereof) . of Southold (including any d Gregory Blass (including any and all Documents (including Minutes of Meetings, orrespondence,etc.) relating to Robins Island, involving the wn of Southold (including any representative or agent thereo d Fred Thiele (including any representative or agent thereof). 26. and all Documents (including Minutes of Meetings, Memoranda, respondence, etc.) relating to Robins Island, involving the n of Southold (including any representative or agent thereof) steven Englebright (including any representative or agent thereof). 2 . ny and all Documents (including Minutes of Meetings, Memoranda, espondence, etc. ) relating to Robins Island, involving the To of Southold (including any representative or agent thereof) and . k Halpin (including any representative or agent thereof) .-'-' Any and all Documents (including Minutes of Meetings, Correspondence, etc.) relating to Robins Island, involving Town of Southold (including any representative or agent there and Joan Scherb (including any representative or agent thereof). and all Documents (including Minutes of Meetings, Correspondence, etc.) relating to Robins Island, involving tne own of Southold {including any representative or agent thereo Thomas Bo Ie (including anyw~~r representative or agent thereof). ? WHD IS wytE7, !\6,gf9ji7/L I tv? 30. and all Documents (including Minutes of . I Meetings, Memoranda, ondence, etc.) relating to Robins Island, involving the Town Southold (including any representative or agent thereof) and Clau . termayer (including any representative or agent thereof). Any and all Documents (including Minutes of Correspondence, etc.) relating to Robins Town of Southold (including any thereo nd Arthur Krener (including any ? thereof) . ? WHo 1$ 1<.l1.i",U2... / r 3. Any and all Documents (including Minutes of Meetings, Memoran Correspondence, etc.) relating to Robins Island, involving the wn of Southold {including any representative or agent the and Congressman George Hockbruckner (including any representa . ~t thereof). 33. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Meetings, Memor Island, involving representative or agent representative or agent . . ,;. ~. - ." " 'I ~ Island, _ lving the Town representative 0.-- n t thereof) representative or agent t of Southold (including any and Larry -Penny (including any 34. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, inyolving the Town of Southold (including any bJl~ representative or agent thereof)_~nd Kevin McDonal9(including any 0 ~ representative or agent thereof). L.... 7,.1"" '" Iu.. ~ysf -: p" and all Documents (including Minutes of Meetings, , orrespondence, etc.) relating to Robins Island, involvin the of Southold (including any representative or agent thereof) and ~e Scopaz (including any representative or agent thereoff.-' Any and all Documents (including Minutes of Meetings, Memora Correspondence, etc.) relating to Robins Island, involving the of Southold (including any representaElve or agent thereof) a d-CPris K~lly (including any representative or agent thereoff: - . Any and all Documents (including Minutes of Meetings, Memoran respondence, etc.) relating to Robins Island,involving the of Souti}gld (including any representat1ve or agent thereof) a onnie Wacker (including any representative or agent thereof)'- Any and all Docum~nts. (including Minutes of Meetings, Memoran Correspondence, etc.) relating to Robins Island, involving the of Southold (including any representat"lVE! or agent there.of) uth olfepa (including any representative or agent thereof). ... -. . - tJiut'--- Any_ .C1!l.g. -.-a1:L. D09.1,IJllEmts (including Minutes of Meetings; Memoran Correspondence, etc. ) relating to Robins Island, involving the of Southold (including any representat-i:ve or agent~nereof) a mes Gray (including any representative or agent thereof). - ~ll Documents (includinq Minutes of Meetings, M_emoranda, correspcmden~. 1_ concerning or involving Robins Island. _.._--- 4L To particular category documentation. the extent there are no documents for a a letter is requested stating that there are no J ~. .:... .! .;;. " 2fI1ttt~D ~hti~z J0 tztrtrt ([our! UNITED srATES DlSTRIcr COURT F-"-STERN DISTRICT OF NEW YORK /..Z-Cyl17..-- PIcE ',. 'i SOUTHarD DEVEIDPMENT CORPORATION a/k/a EWE LAG::XlN RESORI'S, Debtor-in-Possession PlAINTIFF , SUMMONS IN A CIVIL ACTION v. SJFFDLK COUNTY, PATRICK HALPIN, in his official cpacity as Suffolk County Executive, 'lliOMAS BOYLE, in his official capacity as Suffolk County Attorney, JOAN SCHERB, in her off~cial capacity as Cannissioner of the Suffolk 'O:mnty Real Estate Depa:rt:men.t, POBERI' PIKE, GREU)RY BlASS, JOHN WIO<HAM, TOM WIO<HAM, POBINS lSU\ND PRESERVATION FUND, INC., THE NATURE (J).\lSER\IANCY, INC., NORlH FORK BlINK and TRUST a::MPANY, DWIGHT HOLBROOK; THE 'ICmN OF SOUTHOLD, ABIGI\lL WIO<HAM. CASE NUMBER: \./;:Y \ F R '. j N. n _ ,. , . -' ..- D,.... !\ '\i \\fl JO \{ V i-\ \"1. f~.~" 'ID: SEE AITAOillJ LIST ,.." ~~-~--"'" ~ . S!::: --II , . ~ 1. 4 ~,n0 1I ~ :' .;.'. ;..:.- VV0 YOU ARE HEREBY SUMMONED and required to file with the Clerk ,of this Court and serve upon 'MELTZER, LIPPE, GJlDSTEIN & WJLF, P.C. ' '190 Willis Avenue Mineo1a, New York 11501 ffin m@mOW~ill . : I... !'IDV : 9 J'9?1 "t PLAINTIFF'S ATTORNEY (name and addresS) SOU:H9UJ J~?f1!:' PtANfi,i'lf... ~'I\II""O an answer to the complaint which is herewith served upon you, within twenty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. J:,$E~. ~~,~ Dnor-4r";;- ......... IIVI.JL;:; -', ::~: :X:\'i/\NN /O/!IF/q/ DATE ' cc: Town Board Town Attorney Chief of Police Supt. of Highways William F, Mullen, Jr. Griffing & Southwick CLERK J/1~~ f2~roO~ ~ptJTY c ERK , " . 11 440 {Rev. 5/8S} Summons In 8 Civil Action , RETURN OF SERVICE Service of the Summons and Complaint was made by me1 DATE lAME OF SERvER TITLE -, - --~ ':-..:.:k une :J~';" b:....uw to indicate af,;.;.-:;prfafC method of ~I-~..ce o Served personally upon the defendant. Place where served: o Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: o Returned unexecuted: o Other (specify): 'AVEl., STATEMENT OF SERVICE FEES I SERVICES 'TOTAL . ".,,,,DECLARATION OF SERVER I declare under penalty of perjury ,Jnder the laws of the United States of America that the foregoing information Contained in the Return of ' Service and Statement of Service Fees is true and correct. Executed on .::..;.. Si!1rUmlr~ ::!f :Ie,,:,:]!' . ...;1,;........' Address of SelVer '0 may s",.-...& a summons s_ .Rule 4 of the Fedo,.-... Rules of CI...1l P"-ocodu,.-e. , \, f ;..; H ,~~: -, 1ij . ':: T~ :~~ :'~i ,', ..:' ':m :Iff 'Ii! Ii! .j;i ,', I"j '~ 1r: :ji :(:~ !.;~~ H I'" ;:,,:. -j:~ n~ .'.'" ;:-~: .. ~: .::';f ::. I. . - '~r'. .-...,:;.:. .'.~ oJ. .~ 'i LIST OF DEFENDANTS Suffolk county County center Riverhead, New York 11901 Patrick Halpin county Center Riverhead, New York 1901 Thomas Boyle county Center Riverhead, New York 11901 Joan Scherb county Center . Riverhead, New York 11901 Robert Pike 138 Ostrander Avenue Riverhead, New York 11901 Gregory Blass peconic Bay Blvd. Jamesport, New York 11947 John Wickham Private Road Cutchogue, New York 11395 Thomas Wickham Private Road Cutchogue, New York 11935 " Robins Island Preservation Fund, Inc. Post Office Box 928 cutchogue, New York 11935 The Nature Conservancy 250 Lawrence Hill Road Cold Spring Harbor, New York 11743 North Fork Bank and Trust company 9025 Route 25 Mattituck, New York 11952 I !. !I , Dwight Holbrook Breezy Drive ~o~~~k: ~AW V~rk I I . ~,~. ,~tt~\;'~. .~:;:i.:,1' , <; Town of Southold Main Road Southold, New York 11971 Abigail wickham. Main Road Mattituck, New York 11952 2 t . i ! i I I ~ . i" , ~.. CIVIL COVER SHEET The JS-44 ci~il cOlfer sheet and the information contained herein neither replace nor supplement lhe filing and service 01 pleadings or other papers as required bV law, except as provided by local rules at Cour1. This form, approved by the Judicial ;:; Conlerence of the Uniled Slates in September 1974, is rCQu:ired for the use of the Clerk o' Cour1lor the purpose of initialing the civil docket sheer {For mOH~ dalailed instructions, see separate instruction sheet.) PLAINTIFFS . I DEFENDANTS SUFFOL.'< COUNI'Y, PATRICK HALPIN, in his capaci tv SOUTH OLD ...DEVELOPMENT CORPORATION I as SuffolJc County EXec., TlJCX'1AS BOYLE, in his - a/k/a BLUE LAGOON RESORTS, I capacity as SuffolJc County Atty., JOAN SCHERB, Debtor-in-Possession . in her capacity as Corm. of Real Est. Dept., I roBERT PIKE, GREffiRY BLASS, JOHN WICKHA/1, 'lU-! I WICKHAM, roBINS ISLAND PRESERVATION FUND, INC., ! THE NATURE CONSERVANCY, INC., NORl'H FORK BlINK I and TRUsr m., rNlIGHl'IDIBIDOK, et aL COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF -Buffalk COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED ., ATTORNEYS"IRRM NAME, ADDRESS. AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) MeTtzer, Lippe, Goldstein & Wolf,. P.C 190 Willis Avenue Mineola, New York 11501 RECEIVro J!.t:i0 /f"<<. ~~~ (PLACE AN El IN ONE BOX ONLY) o 1 U,S. PLAINTIFF 0 2 U.S. DEFENDANT BASIS OF JURISDICTION IF DIVERSITY, INDICATE iax3 FEDERAL OUESTION 0 4 DIVERSITY CITIZENSHIP ON REVERSE. (u.S. NOT A PARTY) (28 USC 1332. 1441) CAUSE OF ACTION (CITE THE u.S. CIVIL STATUTE UNDER WHICH YOU ARE FlUNG AND WRITE A BRIEF STATEMENT OF CAUSE) 42 U.S.C. 1983 a violation of ~~e- Plaintiff's civi1.rights to engage in its lawful business. (PLACE AN ElIN ONE BOX ONLY) NATURE OF SUIT o o o o CONTRACT TORTS ACTIONS UNDER STATUES . CIVIL RIGHTS F<lIlFEITURE PENAlTY BANKRUPTCY ~ OTHER StATUTES C~crt 110 INSURANCE PERSONAL INJURY 0 420 TRUSTEE I 0 450 COMMERCE Ice 120 MARINE 0 310 AIRPlANE 0 44' VOTING 0 610 AGRICULTURE 0 421 TRANSFER {S15bl I RATES. ETC. 130 MILLER ACT 0 J1S AIRPLANE" 0 442 JOBS 0 620 FOOD & DRUG 0 422 APPEAL (801) I 0 460 OEPORTATlO/\ 140 NEGOTIABLE 1- PRODUCT 0 <<J ACCOM MOOATIONS I 0 630 LIQUOR LAWS I ! 0 al0 SElECTIVe m~TRIIIJF/.Ir liABILITY 0 ... WELFARE n 64ll "R. ~ T~"Ur.K I PROPERTY RIGHTS ; - SERVICE. . ... .... "!IIIl'::-,,....... '.'0-:' pg: '" ::' ,C_:: C:'::L . I u" 0..........("..... ('0. (PLACE AN ElIN ONE BOX ONLY) }[X 1 O(i~i";d [1 2 Removr.d from rJ 3 Rp.man~d from :'~'l::.;':'::;;;y !;:a:o: CC.;;i1 .A.::;:-,:~~: :;:::rt ORIGIN I Q ~5!] !.:R:...I~::::S il.:G: ,Q J1?n r_(lPvPI';';~.. ' . "'~~ ~f~:~~~I~t~. . ".- _....~~;~~H .11 ~o<-J . a~ r':",-.:;;.. K I EXCHANGE 840 fRAOEMAR 1 0 891 AGRICUL1"URAl r-- ACTS SOCIAL SECURITY --~. 0 892 ECOt.;QMIC ! 0 S61 HI,(((1395tll . S'i"ABIUIATlON J 0 862 BLACK lUNG (923) 0 ACT o 853 DIWC (405 (9)) 893 ENVIRONMENTAL o 863 01\\'\'1 (405 (9)) 0 MATTERS o 864 SSlo Tille XVI 894 E~ER!iY . 0 _. ALLOCATION ACT ~ . 865 RSI (405 {gJ}. I 0 895 fREEDOM OF ~,_-- TAX .SU,lTs__.__l 0 INFORMATlm! ACT , 900 APPEAL OF fEE I 0 870 TAXES : DETERMINATION 'I' 0 871 IRS. THIRD il. UNDER EOUAL PARTY 26 Use ACCESS TO I .~ 7609 JUSTICE 'lO 875 CUSTOMER I 0 950 CONSIlTUTIONAlITY CHAllENGE 12 OF STATE STAH.'fES USC 3410 0 890 OTHOl STATUTORY ~ ~CT In"'5 I -CTHEA.~jE~-: c{: : Town Boa rd I~ T A I U "" ,.... I own ttorney REAPf'ORTlONMENT h' f f P . o 410 .t.~n.IRUSI C Ie 0 ohce o 43' BANKS AND Supt. of Highways B4NKING Wm F MIIII~n Jre Griffina &Soouthwick Appejl to IstnCI (J 7 Judge hom Maaislrale BOR RDS MGMI NS MGMT NG' URE ACT Y ACT lA!l:u<!. lIT1G.;;::;; 191 U,.~. fld. I~";. SECURITY ACT U"'':;f\roIlMCNI a. ... .::.L.ANUt:.ti o IS. o lS2 ENFORCEMENf IU 330 fEDERAL SAFETY' Of JUDGMENT EMPLOYERS 0 690 Of HER MEDICARE ACT 10 LIABILITY RECOVERY OF 340 MARINE DEFAULTED I~ 345 MARINE PRODUCT STUDENT lOANS UABIUrv RECOVERY Of 350 MOTOR VEHICLE OVERPAYMENT 355 MOTOR VEHICLE OF VETERANS 10 PROOUCT LIABILITY . BENEfiTS .- 360 OTHER PERSONAL PRISONER ffllflONS LABOR STOCKHOLDERS INJURY. SUIIS 0 362 PERSONAL 0 51!) VACATE 0 710 FAIR LA OTHER INJURY-MEO. CONTRACT MALPRACTICE SENTENCE SfANOA CONTRACT 0 365 PERSONAL INJURY (22SS1 0 720 LABORI PRODUCT PRODUCT lIABIUTY 0 530 HABEAS RELATlO CORPUS 0 730 LABORI UA8IUT'i 0 540 MANDAMUS &- .REPORTI ilEAL PROPERTY PERSONAL PflOPfRTY OTHER DISClDS CONDEMNATION o 370 OTHER fRAUD 0 5Sll CIVil R1GHfS 0 HO AAllW.t. FDRFCLO~URf o J71 TRUTH IN lABOR QE:OJf IC:H."~ ~ LfNO!NG I ,0 lYO OJ H~R iLl 10 J8i1 OTHER PE~SON~l I PROPER TV I 3&5 PROPERTY QAMAGE PRODUCT liABILITY I. IU o lS3 C 1S0 0190 o 19S er o ,.., 210 "" ~:fJ EJECTMENT U 240 TORTS TO LAND o 245 TORT PROOUCT LIABIlITY o 290 ALL OTHER REAL PROPERTY o 4 Reinstated or P.c::l::e~~-j Transferred from o 5 anOlhe( dlSUict !~~;l:'l 06 Mullidislricl U~II t:u S.lJ\It:.::> DI~l RfCI COti'lT !.ili('~ri(ln l"ri~!""""1 . . (Conlinuoo on He~erse Sidel (ReVIsed WBT) , "..;, , CITIZENSHIP OF PRINCIPAL PARTIES (IF DIVERSITY) .'phecklFiIIln if demano"ed In complaint. G CHECK IF THIS is A CLASS ACTION UNDER F.R.C.P. 23 DEMAN 0 $ OTHER CITIZEN OF THIS STATE PTF DEF 01 01 INCORPORATED THIS STATE 02 02 - FOREIGN CORPORATION-PRINCIPAL PLACE OF BUSINESS IN __ 03 03 STATE flELATED CASEIS) IF ANY IN RE: SOUTHOLD DEVELOPMENT CORPORATION UDGE WEXLER DOCKET NUMBER CV 91-201. CIVIL CASES ARE DEEMED RELATED IF PENDING CASE INVOLVED OTHER NON-GITIZEN OF THIS STATE 04 04- o I. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT o 2. SAME ISSUE OF FACT OR GROWS OUT OF THE SAME TRANSACTION . o 3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT COPYRIGHT OR TRADEMARK Check. YES only II demanded in complaint: JURY DEMAND: 0 Yes Ia No ARBITRATION CERTIFICATION I, John \'lesterman, ,counsel for Southold Development Corp_ _ n/k/n RIlle r."goon R,,!';ort:!';_ Tn,.., doherebycertify pursuant to the local Arbitration Rule Section 3(c): that to the best of my knowledge and belief the damages recoverable in the above captioned civil action exceed the sum of $75,000.00 exclusive of interest and costs. Relief other than monetary damages is sought DISCLOSURE OF INTERESTED PARTIES-LOCAL RULE 9 Identify any corporate parents, subsidiaries Or affiliates of named corporate parties: None .-Did the cause of action arise in Nassau or Suffolk County? y,,!,; If you answered y"es, please indicate which county. Sl1ffolk ":'.-'.'.~".. ...r :'..,~j,-'p.nr.p. nr ~i!;l,ir:-.i:.'.~~~~~._... ,,', ,",' ..............,..............",.... (2) _ (3) Olhers __________ County of residence of defendant(s) (1) C:nfrnlk (2)__ (3) Others I am currently a member in good standing of the bar of this Court. YES vV' NO Date: _ _ JQLlS/31_. Signature of Attorney of Record: /1/ pj/ ~ ! /4"1 (/1/;;k/ " \ ,t :f .t: I .,~~ ,.. H;',,;,:-,;, I :'~.;-. . c.;;~:-~-;~ ,,7:~~ '0" .....n..~..' ,.. r..~ '0' .0"""0 ..0;"0......'. -'-,-~"----~ 'i.JL___7:.e' :.i~i) 3 ::;~"~~ -~_ =:~_::-:-:1______ 1---- ._, I !. __1,__. ...,. 0" '''''''(>ICC~ I I .% Cllf:'?\.J"'T ....1.. OI:.O...C' 10,,"9 ~~:::~._ ~ _: :~_C_:.-L- MELTZER, LIPPE & GOLDSTE'lN, P,C. LITIGATION DISBURSEMENTS ATTORNEYS AT LAW 190 WILLIS AVE. MINEOLA, NY 2 PAY , - 1"0 THE' '".'-- CROEROF~..,f,; tiJ t/J/).I--1"/- RfG!STfRfQ '~'" .") .,""', ~. 4-O-e-T-8-~ 'uP' - ." \. ~ A ii9) 199 Second 51. 1ii1..tJ1i1 Mlnaolll., NY 11501 lI'oo.g. ?,I!' 1:0 2aoo ....agl: o!;...",oa~)ao L .,~ . 'f. .' ;,.. ,;,~ _ :1 'l. ;..i .,': .:- : ~ l. ,. f ~ : . f' . ':. ,", {. .... f ;'.{ "} I, .r i .j . .""r '1,: '? " L .,,~ 1,\ -:'1 :' , :~ .~ , ./:. 'n :~: " 1913 '-1481280 :; l'i'(l11 ,:" ("", fUll 1")':.5' Dl)LLARS \ !':.: ,. " .,.... ...- :;/ /,' ,,:~ :'V " ". ! ., -,~ ..' ~t .,':: ,,' ':. ,.~O 440 (!lev. 5/85) Summons in a Civil Action ;. , ~nitcD ~tatcs Jl3 istrict QIaurt UNITED STATES DISTRIcr COURI' EASTERN DISTRICT OF" NEW YORK SCXITHOLD DEVELOPMENT OJRPORATION a/k/ a BWE LAG:X)N RESORTS, Debtor-in-Possession PlAINTIFF , SUMMONS IN A CIVIL ACTION v. ruFFOLK COUNTY, PATRICK HALPIN, in his official cpacity as Suffolk Cormty Executive, 'IHOMASBOYLE, in his official capacity as Suffolk County Attorney, JOAN SOIERB, in her official capacity as Cannissioner of the Suffolk . . O:l\IDty Real Estate Department, ROBERT PIKE, GREXnRY BlASS, JOHN WIOG'lAM, TOM WICKHAM, ROBINS ISLAND PRESERVATION FUND, INC., THE NATURE mNSERVANCY, INC., NORl'H FORK BANK and TRUST ill'lPANY, DWIGHT HOLBROOK, THE mqN OF- SOUTHOLD, ABIGAIL WICKHAM. CASE NUMBER: TO: SEE ATI'ACHED LIST YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve updn PLAtt:-'nFF'S ATTORNEY (name and address) MELTZER, LIPPE, GOWSTEIN & w:JLF, P.C. 190 Willis Avenue Mineo1a, New York 11501 . an answer to the complaint which is herewith served updn you, within twenty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. . CLERK DATE pv nFPllTY 1":1 FRK #'.- .' " , AQ 440 (Rev ~:a5) S:,;,,'!':')()ns In a Civil Action .. - RETURN OF SERVICE DATE Service of the Summons and Complaint was made by me1 NAME OF SERVER TITLE -.- --- . r [;:;r;.:k une :Jc;.. b;.;uw to indicate a;;,;:;:c;JriiJiC mt.:Chod of :;en'ice o Served personally upon the defendant. Place ~here served: . 0 Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: o Returned unexecuted: . o Other (specify): I I TRAVEL I I I STATEMENT OF SERVICE FEES I SERVICES DECLARATION OF SERVER ITOTAL I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of.Service and Statement of Service Fees is true and correct. Executed on w.'! .~;!!r'!.~~l~ ,.,f..~~r. I. Address of Server , , 1) As 10 WhO m<ly UHvlI CI summons see Rulli 4 01 tI'>ll Feder.,ll Aul1l1 of Civil Procedurll. , LIST OF DEFENDANTS Suffolk County County Center Riverhead, New York 11901 Patrick Halpin County Center Riverhead, New York 1901 Thomas Boyle county. Center Riverhead, New York 11901 Joan Scherb County Center Riverhead, New York 11901 Robert Pike 138 Ostrander Avenue River~ead, New York 11901 Gregory Blass peconic Bay Blvd. Jamesport, New York 11947 .John Wickham Private Road Cutchogue, New York 11395 Thomas Wickham Private Road [!) ~1;:t;!:;" o'J'.~ i .~f=I',"'..,..r.:~~r'::___.. -,~'...~-".~~. . Robins Island Preservation Fund, Inc. Post Office Box 928 Cutchogue, New York 11935 The Nature Conservancy . 250 Lawrence Hill Road Cold spring Harbor, New York 11743 North Fork Bank and Trust Company 9025 Route 25 Mattituck, New York 11952 Dwight Holbrook :Oreezy urive Noyack, New York 1 '.. " ., Town of Southold' Main Road Southold, New York 11971 Abigail Wickham Main Road Mattituck, New York 11952 . 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK .- -x SOUTHOLD DEVELOPMENT CORPORATION ajkja BLUE LAGOON RESORTS, INC., Debtor-in-Possession, Plaintiff, : COMPLAINT -against~ civil Action No. SUFFOLK COUNTY, PATRICK HALPIN, in his official capacity as Suffolk County Executive, THOMAS BOYLE, : in his official capacity as Suffolk county Attorney, : JOAN SCHERB, in her official capacity as commissioner : of the Suffolk County Real Estate Department, ROBERT PIKE, GREGORY BLASS, JOHN WICKHAM, ,TOM WICKHAM, ROBINS ISLAND : 'PRESERVATION FUND, INC., THE ,i NATURE CONSERVANCY, INC., THE ': NORTH FORK BANK and TRUST :; COMPANY, DWIGHT HOLBROOK, TOvm : OF SOUTHOLD, and ABIGAIL WICKHAM, " " Defendants. il I! - Ij -x Plaintiff, SOUTHOLD DEVELOPMENT CORP., ajkja Blue Lagoon 'i .t<.e::iO.i Cb":, I:itC..., Deb~o=--j.n- Dos-:::~sslcn j).y. )"'~,~:. ~ t"=='::-::~:':.3"" ~~.!:;': ....-=0,- ,I ,Lippe, Goldstein & Wolf, P.C., Inc., complains of the above-named :: Defendants and respectfully shows the Honorable Court and alleges as follows: . JURISDICTION AND VENUE 1. This Court has subject matter jurisdiction to entertain this action under 28 U.S.C. S 1343; in that the acts , ," , . ' . ~.:._, -. ". -. --~ - - ........ .' ~_.~. - ~.' -1- hereinafter complained of constitute a violation of 42 U.S.C. ~ 1983. 2. All of the above-named Defendants either reside or are doing business within the Judicial District of the Eastern District of New York, and the claims asserted herein arose within said Judicial District. Accordingly, the venue of this action is properly within the Judicial District of the Eastern District of New York. PARTIES 3. Southold Development Corporation ("Plaintiff"), also :1 known as Blue Lagoon Resorts, Inc., Debtor-in-Possession, said name : change having been made by proper amendment to the certificate of : Incorporation filed with the Secretary of State of the State of New York and granted on May 28, 1991, effective May 29, 1991, is a ; corporation duly organized under and existing by virtue of the Laws ,i "of the State of New York, conducting business within the State of ,New York with its principal place of business care of Post Office . 'Box Z, Shelter Island Heights, New York 11965. At all tl.me relevant to this Complaint, Claus Mittermayer was Plaintiff's duly : authorized corporate' representative in all matters hereinafter alleged. 4. Plaintiff was formed in 1979 to own, manage and ;imarket real estate holdings throughout this and foreign countries. 5. Plaintiff's sole assets are three parcels of real . ~ properLy !oca:t€:d. in i..il.c TO'wn r";f sCi..::thold"j. Ccunty". oi. SJ.:.ffplk, state. of New York. One of the parcels of real estate is known as Robins -2- Island, consisting of 435 acres, more or less, more specifically described on the Suffolk County Tax Map as District 1000, Section 134, Block 3, Lot 5. The other two parcels of real estate are two vacant lots located in New Suffolk, Town of Southold, County of Suffolk, State of New York, more specifically described on the Suffolk county Tax Map as District 1000, section 117, Block 8, Lots 19 and 20. (Collectively, these three parcels are referred to as "Robins Island" or "The Island.") 6. The Island was acquired by plaintiff in July 1979, :\ by warranty deed, from one Mackay and the possession of The Island :1 has been continuously held by plaintiff since said acquisition. 7. The primary business of Plaintiff, since 1979, has " been the ownership management, upkeep, and marketing of The Island, / v' i! and the time! effort, and money expended by Plaintiff in preserving 1; '-- H its interest The Island. j! r.... q 8. Defendant county of Suffolk (the "County") is a ;! :i municipal corporation, of perpetual duration, with the power to sue . '.' and be sued, and is organized .under and exiS1:s uy 'li.L\.u,,,, V.L <-uco laws of the State of New York, with its principal office located at .. County Center, Riverhead, New York. 9. Defendant The Nature Conservancy (the "c~:mservancy") !! is a not-far-profit corporation, organized under the laws of The " :! Ii District of Columbia, operating within the jurisdiction of the U.S. 1; District Court for the Eastern District of New York since it is .! .:.; d'oi.nq -business ".1ithi~' the count:," al'd... maS.n:tains.a,,! off; ce.,. among others, located at 250 Lawrence Hill Road, Cold Spring Harbor, New -3- York 11743. At all time relevant to the Complaint, John Kan~2 was a Trustee of the Long Island Chapter of the Conservancy. 10. Defendant Patrick G. Halpin as County Executive of Suffolk County, is the Executive of the County having assumed such office on or about January 1, 1988. 11. Defendant Thomas Boyle as Suffolk County Attorney, is the_Attorney of the County and has held such office during all time relevant to this Complaint. " 12. Defendan~ Robert pike is, upon info=ation and ;;belief, an attorney licensed to practice law before the Courts of 'I the State of New York who, at all time relevant to this Complaint, 'i represented groups and individuals that aligned themselves with the :: County to unlawfully deprive Plaintiff of its right to develop, :; refinance or sell all or any part of The Island to parties :! Ii interested in developing The Island. ii I ,j 13. Defendant Joan B. :,:!cherb as Commissioner of the " " :: Suffolk County Real Estate Department was the duly appointed .; :;Commissioner of the Suffolk County Real Estate Department ana neLa :. that position at all time relevant to this Complaint. ., Ii 14. Defendant John Wickham at all relevant time has been ~i involved in the development plans for the east end of Long Island II in that for twenty-four (24) years he served as the Chai=an of the . i . !i Southold Planning Board, and upon leaving that position he joined ':the Suffolk County Planning commission. At all time relevant to .; ~his 'CoiIrpla.l.Gt Dc~2t1J.a.nt, Joh!"" ~~ick.haI!l~~ctcd ion conce.-:t yrith othpr-: Defendants and assisted in organizing their assertion of a baseless -4- ", claim commonly known as the wickh~~ Claim, which was manifested in the institution of a wrongful and unlawful lawsuit brought in the name of the Robins Island Preservation Fund, Inc., against Plaintiff before the United States District Court for the Eastern District of New York designated as civil Action No. CV-89-1299 (the "wickham Claim") which Claim was asserted to assist the County in preventing the development of The Island. 15. Defendant Thomas Wickham was elected to the South old Town Board in November of 1989; Defendant Thomas Wickham is one of many alleged heirs of Parker Wickham and participated in the institution of the "Wickham Claim." 16. Defendant Abigail wickham is one of many alleged heirs of Parker wickham who instituted the "wickham. Claim" and is , ~ service to The North Fork Bank and Trust Company with respect to . the determination of the marketability of title for such properties as Robins Island. (Defendants John , Thomas and Abigail Wickham are " ::sometimes hereafter referred to as the "Wickham Defendants.") . 17. Defendant Robins _ Island Preservation Fund, Inc. ;, ("RIPF"). is a not-for-profit corporation organized under the laws 1 ; lof the State of Maryland doing business in the County created by ;certain of the alleged heirs of Parker Wickham and their . . sup!:Jorters'. RIPF wi:4,s the plaintif:: \'lhi::h .'-instituted ttl.-e v;ickham Claim. -5- 18. At all time relevant to the Complaint Defendant The North Fork Bank and Trust Company ("NFBT") held mortgages against The Island. NFBT instituted a foreclosure action against Plaintiff and, acting in concert with the County, did wrongfully and unlawfully coerce the Plaintiff into executing an alleged contract (hereinafter "Suffolk Document") to sell The Island to the county. At all time relevant to the Complaint, John Kanas was President of NFBT. 19. Defendant Gregory Blass is an attorney and a former i Suffolk County Legislator. Defendant Blass is involved in the :!environmental movement on Long Island to "save" Robins Island and :: was the sponsor of legislation by the County that made funds .; available to acquire the "development rights" to a farm owned by 'John Wickham. 20. Defendant Dwight Holbrook wrote an article entitled " " ,I "The Wickham Claim" which was published in book form by the Suffolk County Historical Society with the aid of funds provided by the . , County. 21. Defendant Town of Southold (the "Town") is a ;municipal corporation of perpetual duration, with the power to sue and to be sued. The Town is organized under the laws of.New York, with its principal office located at Main Road, Southold, New York. ~ ! BACKGROUND 22. The Island consists of approximately 435 acres of "land :!..Jc::.~;:d ir: th~ Peco~ic Bay, Suffolk county. The Island is .' ,designated as the "jewel" in a crown desperately sought to be worn -6- by environmentalists, politicians; and individuals who share as a common objective the unalterable goal of keeping The Island "forever wild". The determination that these groups share in realizing this COmmon goal was accurately stated by Suffolk County Legislator, Steven Englebright, who said: ". . . I am willing to take whatever steps are necessary to that end (forever wild). If there is going to be a test of ~ will, we will.meet the test". 23. On August 9, 1983, the County joined forces with the : well entrenched environmental team seeking to keep the Island H i' "forever wild." It was on this day that the then Suffolk County H :' Executive signed a Resolution introduced by former Legislator '; Gregory Blass to commence negotiations for the purchase of The . Island. That resolution appointed the Conservancy as agent to act . on behalf of the County in the acquisition of The Island. This was ., :, the first " !: '; Island. it " official step taken by the County to acquire Robins ~~. ~==~ ti~~ ~~ ~~=e. ~~ter.A~~ust 9~ 1983 the County ., utilized funds provided for a program known as the "Open Space ,Acquisition Program" to induce various holders of the alleged 'Wickham Claim to wrongfully and un~awfully assist the County in its efforts to force a below-market sale of Robins Island to either Suffolk County or an environmental organization such as the 'Conservancy which shared the common 'goal of , preventing Plaintiff 'from developing Robins Island. -7- 25. By utilizing funds made available throua'1 Resolutions, the County made several offers to purchase Robins Island. Each such offer represented a small fraction of the fair market value of The Island, and was rejected by Plaintiff. 26. To explain why Suffolk County was proceeding by attempted negotiated sale rather than by condemnation, thus enabling the County to control the amounts offered for the much sought after Island, former Suffolk County Legislator Gregory Blass , admitted: , ~ "Condemnation is completely out of the question. It's both a political and practical impossibility. The problem is that the County takes title first and then settles the price later." ~ : , This quote evidences that the County knew that its offers for The , Island were far below The Island's fair market value, which is the . actual measure of compensation required by condemnation. This " iiquote also illustrates the fact that if the County were going to ,;acquire The Island for such a small fraction of its fair market :i ,idluc:" it ~0q".iref.1 t-he. ::\ssjsta.n~e of other p~rri,p_~. . 27. In seeking an ally that shared the common goal of ',preventing the Plaintiff from developing The Island, the county :l turned to the Suffolk County ~istorical Society, NFBT, the conservancy and the alleged holders of the Wickham Claim for assistance. " 28. In 1986' Suffolk County provided funding to the 'Suffolk County Historical Society which published a work by Dwight Holbrook entitled. "The WiCicn.dIn claim. :t,';-'."Til1;::: ~0i~~ ~d~i-~5S~~ "t.~c -8- " " 1784 seizure of Robins Island by New York state from Parker Wickham. It was the position of this County-funded work that the 200 year old seizure, for which the Wickhams had been compensated by the British government, was enforceable as a contemporary claim. The Wickham Claim alleged as its basis an ownership interest in Robins Island and two parcels associated therewith derived from the Attainder of Parker Wickham in 1784. 29. Having created the Wickham Claim as a cloud on the ': title of The Island with the assistance of the Suffolk County '!Historical Society, the County then turned to the Conservancy for ii additional help. with the adoption of Resolution No. 2144-86 ': Suffolk County retained the Conservancy as an "agent" for , negotiations with Plaintiff. In return for acting as an "agent" of Suffolk County, by attempting to buy Robins Island in the name of the Conservancy, the County promised to reimburse the Conservancy for the price paid for the parcels, ,all expenses involved in their acquisition, and a "brokers" fee equal to three percent of the . acquisition price. With this relationship intact on November 18, 1987, at the instigation of the County, the Conservancy made a " written proposal to Plaintiff to purchase Robins Island for Six 'Million ($6,000,000) Dollars. This offer was rejecte<fby Plaintiff since it did not reflect the fair market value of The Island. ;i 30. Upon the belief that Plaintiff was coming to terms '! with another prospective purchaser of Robins Island, the County turned to' the alleqed \'iickhan: heir", "to .di~.9uss OilL"- hcpcz- f-or thfl island and what the future might hold". In furtherance thereof, a -9- ~ec~ing was held on or about May 13, 1988, and was attended by John and Thomas Wickham as well as Joan Scherb, Gregory Blass and others. The purpose of the meeting was to ascertain the willingness of the Wickhams to institute a wrongful and unlawful claim of ownership to Robins Island. The meeting had the impact of increasing the prevalent understanding that the marketability of the title held to The Island by Plaintiff was in jeopardy. 31. with the passage of time, due to' th'e Unlawful activities of ,the Def~ndants, the title held by the Plaintiff " became less marketable. Despite these difficulties, Plaintiff was 'i able to conclude an agreement with The Robis Corporation ("Robis") , on June 30, 1988 for the sale of the Island by Plaintiff to Robis for the sum of Fifteen Million Two Hundred Thousand ($15,200,000) I Dollars (the "Robis Contract"). Realizing the possibility that ,. :1 i i there may not be sufficient obstacles in place to prevent the I! closing of title to The Island'" under the Robis Contract, the '! ,: Defendants further enlisted' the assistance of the Defendant Town of . ~ - .. .j .; Southold. On January 10, 1989, Defendant Town of Southold put into ; place zoning modifications which up-zoned Robins Island from one I ;j dwelling per two (2) acres, to one dwelling for every ten (10) . acres. As a result of all of the aiorementioned conduct, the : marketability of title was impaired and Plaintiff was unable to i! deliver clear title under the Robis Contract. In Aprii of 1989 i ': Robis instituted an action to compel Plaintiff to resolve the title -: '!,robl "m8 and. t;10se title to ':'ha Isli'ind und~l" the Rcbis Contract.' -10- , , 32. On April 24, 1989, the Defendants induced the wickhams to institute the Wickham Claim through RIPF and to file a lis pendens against the Island. This claim was brought for the sole purpose of creating a further cloud on the title of The Island so as to interfere with any plans of Plaintiff for The Island such .as refinancing, sale for fair value, and/or development. 33. Several weeks after being persuaded to institute the - .. Wickham Claim, the purported holders thereof received TWo Hundred' . and Twenty Thousand ($220,000) Dollars for the "development rights" .to twelve (12) acres of John Wickham's farm. At the closing of ., this "deal" the County was represented by Patrick G. - Halpin, Joan Scherb, then Town of Southold Supervisor Frank Murphy, and Town of Southold Councilwoman Ellen Larson. i: 34. Several weeks after the Defendant RIPF instituted ;. :: the Wickham Claim against Plaintiff, and just hours before NFBT was ji . 'I scheduled to conduct a foreclosure sale upon its mortgages against 'I :, ;iThe Island, Defendants unlawfully coerced and forced Plaintiff to h- . ;.:_-. _.4.'; - . ,-.- - . : i sign the Suffolk' Document which is purportedly an agreemen1: 1:0 Se1.1. I. ;/ . Robins Island for less than two-thirds (2/3) of its fair market :value. This result was aided, abetted, and facilitated by the a;tivities of John Kanas, simultaneously acting as a President of . ',NFBT and as Trustee of the Conservancy. NFBT which had previously :;denied any adjournment of the foreclosure sale, granted a :conditional extension of the foreclosure sale since Plaintiff had ., ., : .:=tqreed -to the:: (:Gndition that it to ~ell Ths Island to T~9 County through The Conservancy. -11- 35. Just as th~ plan of Defendants was about to come together to prevent Plaintiff from developing Robins Island the Honorable Judge Doyle on July 13, 1989, granted Robis Corporation a default judgment compelling the sale of Robins Island to the Robis Corporation under the Robis Contract. In a last grasp at the "jewel" of their dreams, the Suffolk County Attorney, Thomas Boyle, ,yithout the necessa,ry legislative approval instituted an action to 'compel the sale of the Island to the County. " 1! . FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS !! :j !; il !! allegation contained in paragraphs numbered "1" through "35" of " l! :ithis Complaint as set forth herein, and makes the same a part of 36. Plaintiff repeats and realleges each and every 'i " ;i this First Cause of Action.; :1 II 37. Subsequent to the election of Defendant Halpin and I commencing in or about May of 1988 and continuing to the present ! ,time, all,of.~~e Defendants did wrongfully and unlaWfUlly pursue, i i ;.::.' C':)TI.::.e-./:T" ...J "'-::(-:",. . ';"1...::-:"!n< ,....th;.':::::.~ -."-: co-.mnun p,-: ar(~'., ::,.i:..;i,'ClUC.'. a..l1": . ~e:;i.q:u. t..c, I !i deprive the Plaintiff of its federal rights to due process of law I jl in engaging in the business of developing The Island in accordance !! ,'with applicable laws. . 38. In furtherance of said wrongful and unlawful plan, ,iI :i scheme and design and under color of state law, the Defendants ;jwrongfully and unlawfully committed acts which resulted in taking 'j Plaintiff's property without notice or an opportunity to be heard, " and further acts which were in excess of Defendants' lawful -12- authority, thereby depriving Plaintiff of its property wit::,out due process of law, all such acts were and are in violation of Plaintiff's civil rights as guaranteed by the Fourteenth Amendment to the Constitution of the United states. Said wrongful and unlawful acts included, but were not limited to, the following: 39. Defendants Halpin, Scherb and Boyle did on or about July 14, 1989, wrongfully aEd unlawfully file or cause to be filed in the Supreme Court of New.York, County of S-Uffolk, an action by ij the County of Suffolk as plaintiff against the Plaintiff and Claus :i Mittermayer as defendants, Index No. 89-12468, seeking the specific :i performance of the Suffolk Document and for the recovery of 'i il compensatory and punitive damages arising from the alleged , ;! ;1 fraudulent breach of the provision of said Document accompanied by 'i ii the filing of a lis pendens on the sole assets of the Plaintiff. " :i il The institution of said action was in excess of the lawful !I authority of Defendants Halpin, .Scherb and Boyle as County i "Executive,' Commissioner of Department of Real Estate and County " .: -. . .. II Attorney, respectively, of the' County, and was done by said .j Defendants solely to wrongfully and unlawfully hinder', harass, ,i 'I interfere with and impede the.Plaintiff in engaging in its business of selling and marketing. its properties in accordance with applicable law. Such conduct on the part of said Defendants was committed under color of state law and was aided, abetted and participated in by all of the De.fendants in pursuance of such I common dt:sign" SCheillE: arIa plan. -13- 40. Pu~suant to said common design, sch0~e, and plan to deprive the Plaintiff of its right to engage in its business of selling and developing its properties in accordance with applicable laws, the wrongful and unlawful conduct of the Defendants had the effect of unlawfully placing a cloud upon the title of the 'properties of the Plaintiff thereby reducing their marketability and preventing their sale and use as security for financing and "forcing the Plaintiff to seek protection Chapter 11 of the United ::States Bankruptcy Code all to Plaintiff's injury and damage. Said :!misconduct has caused Plaintiff to suffer severe injury and damage !iin the sum of Two Hundred Million ($200,000,000) Dollars. 'j SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS 41. Plaintiff repeats and realleges each and every" Ii allegation of paragraphs numbered "36" through "40" of this ,I ! Complaint as if set forth~~,::re~n and makes the sa~e a pa~ ,~f t~i~ ;Second Cause of Action. " , , !lvarious offices in the Suffolk County Government took place with I -,. . :>-: ~~..:.c ~-~.l,:t o,~ , on..,. ...._. u. , , elec~:'='::1 "'~"TlY"'Oo~;""""'C ----.a.:"-.-J---." for th", " , ':elections being held in November 1987 for terms beginning January '1,1988. In the race for the Office of County Executive, Defendant Halpin was elected. On information and belief an integral part of :: Defendant Halpin I s platform was the expansion of the "OJ?en Space '! "Program" in Suffolk County by the further acquisition of lands to be designated by the Commissioner of the Department of Real Estate. , , 'Defendant, Joan B. Scherb, was appointed by Detenaanthaipin :Cu u~ -14- sur!, Commissioner, and she assumed'her duties on or about April 1, 1988. Defendant Scherb met with Defendants Gregory Blass, John and Thomas Wickham and others in or about the month of May 1988 for the purpose of effectuating a common design to wrongfully and unlawfully importune the Wickham Defendants into participating in the creation of a cloud upon the title of The Island. The effect . of this common design was to reduce the marketability of The '. < Island. Said Defendants knew "at the time of said meeting that the i i assertion of a claim of a proprietary interest in Plaintiff's ;i ;:property was without foundation in law, frivolous, and devoid of jj !I merit. Nevertheless, said Defendants with such knowledge did ::wrongfully and unlawfully agree to participate in the assertion of !: said bogus claim so as to wrongfully and unlawfully hinder, harass, ;; ii interfere with, and impede the Plaintiff in engaging in !ibusiness of developing its properties. 'I I. i' 43. As a result of said meeting in May 1988, its' the ' ii !! Plaintiff was unable to deliver a marketable title to the Robis . i'Corporation as required by the Robis Contract. 44. The Wickham Claim had its origin over two hundred ., (200) years ago and it was, generally known to title abstract . companies throughout the U.S. that such claims were not considered . as a cloud upon the title to real property nor did they, in any !: 'way, impair the marketability of real property. Said stale claim .only became an effective cloud upon title to The Island after the De<:,<eTlrl"nts I wron<;!lll aau unia~l[ul ,::o':!c!'.lctn.of. in-lucing +:l:1e Wickham Defendants to first publicize their intent to assert said stale -15- claim and then pursue such bogus claim by instituting the Wickham Claim on April 24, 1989, in the United states District Court for the Eastern District of New York under civil Action No. CV-89-1299. 45. Defendants organized or encouraged the organization of RIPF as a not-for-profit corporation for the sole purpose of furnishing a shell entity to institute a lawsuit that would deter title insurance companies from insuring the marketability of Plaintiff's title to The Island. Such refusal to insure was not ': based upon the merits o~ the "Wickham Claim" to an actual ownership !i interest in The Island but upon the economic. considerations arising i! from having to defend against potential lawsuits of the many '. .' alleged Wickham heirs. Not being able to use The Island either for '; purposes of sale or as security for funds to develop same, the ,[ Plaintiff, on July 20, 1989, commenced its Chapter 11 case thereby , Ii incurring substantial costs, in an attempt to reorganize and i II salvage any available equity in The Island and to permit it..to i, ,li_ccm~inue its business of selling and developing real estate. i " :! " 46. The Defendant Dwight Holbrook did wrongt'ul.iy ana '. unlawfully solicit assignments to RIPF from alleged Wickham heirs , i i of their alleged proprietary, interest in The Island in exchange for . a discount on the price per copy of the book allegedly authored by :! Defendant Holbrook and published by the Suffolk County Historical " i! Society, an organization partially supported by The County, which . i . ;! publication costs, upon information and belief, amounted to Twenty- , 'Pw,., '1'l:'>,.,usand I, S22 .0(0) Dollars. 47. All of the acts of the Defendants described in -16- paragraphs "41" to "46" both inclusive set forth above were performed under color of state law in that each Defendant, at divers times and places during the period 1988 through July, 1989, and within the juriSdiction of the United States District Court for the Eastern District of New York, did, in concert, wrongfully and unlawfully participate in a common design, scheme, or plan to deprive the Plaintiff of its right to engage in its business of managing, marketing and developing The Island according to 'applicable law. 48. Said wrongful and unlawful misconduct set forth in ': the paragraphs numbered "40" to "47" both inclusive lias caused the "Plaintiff to suffer severe injury and damage in the sum of Two . Hundred Million ($200,000,000) Dollars. THIRD CAUSE OF ACTION AGAINST ALL DEFENDANTS 49. Plaintiff repeats and real leges each and every i I 11 t . t' d' ij a ega J.on con aJ.ne J.n paragraphs numbered "40" through "48" of I, ~; ._hi~ CCmpl.~l~t: ?-.~ 2::: :=:.~"': "r.:C';':'"-T:h ;:I.,,:"". i ~n~.t.r: _ h~.re.ifi ;_.l~j =:4~:~~ ~~~"'. ~?~~_ 11 'Ja part of this Third Cause of Action. 50. As a result of the common scheme and design of the Defendants, the Defendants did," on or about June 7, 1989, wrongfully and unlawfully procure by coercion and duress the :; execution, by the Plaintiff, of the Suffolk Document, purporting to 'I ,. ,sell Robins Island to the Defendant County for the sum of Nine Million and Two Hundred Thousand ($9,200,00.00) Dollars. Said -17- , unlawful coercion and duress t60k place under the fol10w'ing circumstances: 51. In the period of 1984 June 1987, the Plaintiff placed mortgages against The Island in the total amount of Two Million Two Hundred Thousand ($2,200,000) Dollars, in which NFBT was the mortgagee of two mortgages, one for One Million One Hundred Thousand ($1,100,000) Dollars and another for Eight Hundred and Fifty Thousand ($850,000) Dollars. - - . . There was also a mortgage to :;the Southold Savings Bank against The Island in the amount of Two :! Hundred and Fifty Thousand ($250,000) Dollars. The Southold , , iiSavings Bank was merged into the NFBT which therefore became the :i holder of all mortgages. In each instance that a mortgage was 'i placed against Robins Island during said period, title insurance on Island was duly issued. The existence of the "wickham was no obstacle to the issuance of such insurance. On August 2, 1988, NFBT filed a foreclosure action because said :1 mortgages were in default for failure to pay the principal and " ;! interest due, and June 8, 1989, was designated as the da'te ot: I! " 'jforeclosure sale for The Island. :i 52. On April 24, 1989, Defendants John and Thomas . Wickham, together with Defendant Robert D. Pike, participa~ed in ;! the filing of the spurious and groundless Wickham Claim as the 'i!basis for disputing with Plaintiff its title to Robins Island. The :! jiassertion of the Wickham Claim in said lawsuit fulfilled Defendant - : ~ Blass.' pul:ilic "s'i:att::~neL..t C!lat, f~the ~-?ick1"1a~.:-~laim . \'...il 1 scare_ o.ff_ <\ny would-be-developers of Robins Island," and transformed a -18':' theretofore purring pussycat into"a raging t~~er, beclouding the title of Robins Island. 53. During that time Plaintiff sought refinancing of The Island. The appraised value of Robins Island, at that time, was Fourteen Million ($14,000,000) Dollars and Plaintiff's indebtedness to the mortgagees was approximately Two Million Two Hundred Thousand ($2,200,000.00) Dollars, leaving an available equity that . was more than adequate to raise Two Million Two. Hundred Two . ; Thousand ($2,200,000). Dollars to discharge said mortgages. .!Applications made by Plaintiff to title insurance companies !ithroughout the United states for title insurance were all denied. 'The reason given for such denials was uniform; no insurance company "was willing to buy a lawsuit. It was not a good insurance risk ::inasmuch as the insurer would have to defend each lawsuit brought I 'by the alleged Wickham heirs, and they were many. 54. Negotiations between. the County and Conservancy on ,the one I !: Island " 'j-;) hand and Plaintiff on the other concerning a sale of Robins ,. . to the Defendant County were held beginning in May 1989. !i 55. At a meeting of the Plaintiff with the Defendant ':County and Conservancy, Claus Mittermayer was separated from the .. 'negotiators for the Plaintiff, the County and the Conservancy. . ,! 'j 56. At one time, early.in the negotiations, it was .. '; relayed to Claus Mittermayer that the County was willing to pay iiTwelve Million ($12,000,000) Dollars for all of the Island, or Ten ;i'Millo,,' ($10-.000.000)-' C011a,,:s with th~ ?laintiff- retai-fiiilg t:~.:o '._4-.... ...r..v,-~ on The Island plus the two mainland business zoned parcels, plus -19- .. ' the riparian rights ~round Robins Tsland for aqua-cultural use. In addition, because the County/Conservancy offer was below the fair value of Robins Island, Defendant County and Conservancy offered to provide as a tax deduction for Plaintiff the difference between the fair market value and the "bargain sales price." It was further a part of the Conservancy/County offer to provide approximately $4-5 million dollars of_refinancing so that the foreclosure sale could be prevented and Plaintiff CQuld resolve' some of its pressing .:financial obligations prior to title closing. ,I 57. Claus Mittermayer was further informed that since ithe Defendant County and Conservancy were instrumental in creating ;; and asserting the Wickham Claim that only they would be able to 'resolve it. ., 58. The following morning, Plaintiff reluctantly " ii i acquiesced to the Ten Million ($10,000,000) Dollar package. Later I that day, Claus Mittermayer was informed that the Defendant County I . Ii had changed its mind and was interested in only a complete sale for :1 .. i!Eight Million and Two Hundred Thousand ($8,200,000.00) Dollars. !: 59. The Defendants were utilizing the passing of each :Iday to increase the pressure on the Plaintiff resulting from the 'impending loss of The .Island to a foreclosure sale in order to '1 reduce the acquisition price of The Island. ~ ; 60. The Conservancy stood to make a substantial profit ':in consummating the sale in that it had a direct financial interest .;~:tJ. tile acqui~it..i.lJll wi 1.aHd~ for tt:-:.. Defend.J.!1t COC!1ty I.S ItCpG~ ~pac~ Program. " Specifically, the Conservancy received a percentage of -20- t', . the selling price of the land as acquired by the Defendant County through the aid of The Conservancy, plus all of its expenses incurred in each such acquisition. The Conservancy was acting as an acquisition conduit for the County under its "Open. Space Program." The Conservancy would derive further income from those land acquisitions requiring "management". 61. The Eight Millio~ Two Hundred Thousand ($8,200,000) 'Dollar offer of the County not' being acceptable-, the Plaintiff ,'resumed its negotiations with other interested parties to either ~ ; ;!sell or refinance The Island in an attempt to prevent the ., ., j; foreclosure sale. I Plaintiff I S efforts were fruitless not only '! because of its inability to obtain title insurance on.. Robins ii Island, but also because previously interested investors were :! :, :1 warned by the Defendants "to back off" since Robins Island was to Ii libe purchased by the County. ! i 62. These acti vi ties of. the Plaintiff continued into p j! June until Plaintiff met the Aston Group which was willing to Il . " ~ i structure an arrangement to ref inance. the mortgages and tnus :f :'prevent the foreclosure sale. These investors required a letter 1j agreement on the purchase of Robins Island. 63. On June 5, 1989, the Aston Group was informed that !iRObis Corporation had obtained a Temporary Restraining Order .; Ii restraining Plaintiff from negotiating or selling Robins Island to !ianyone. This order was temporarily lifted. - 6';".' . On" June 7, - "89 tl ~"..' ~~ J..... ," l~" ....~...Lal:_n"'::l.&.:"..LJ t~r~~;h ~h~ A~ton . Group, went to Defendant NFBT and offered to pay Defendant NFBT -21- r.' '. , Four Hundred Thousand ($400,000) Dollars in order to adjourn the auction date for 30 days., If the Plaintiff or the Aston Group did not satiSfy Plaintiff's indebtedness to the Bank wi thin the 30 days, the Defendant NFBT could keep the Four Hundred Thousand ($400,000) Dollars with no strings attached. NFBT refused such offer. 65,. At the time of such refusal, Defendant Abigail 'Wickham, of the law firm of Wickham, Wickham & Bressler, was the : attorney representing NFBT. At that time, ,Defendant John Kanas .!was the President of said Bank and was a member of the Board of Ii Trustees of the Long Island Chapter of the Conservancy. Also, at · that time, Jay Wickham was a Director of said Bank. 66. Later, on the same day, after the refusal of the ., adjournment, the Plaintiff was informed it had no alternative but :, to make a deal to sell Robins Island to the County. Pursuant to ii ".' !i that information, a conference with th~'county and Conservancy was il " d arranged following the same format as in the prior meeting, i.e., t . " separate negotiating rooms -- one for the seller and a separate one for the buyer. No face-to-face contact between the parties was .; permitted although Plaintiff requested such face to face . negotiations. 67. Claus Mittermayer was informed that the County would " pay Nine Million Two Hundred Thousand ($9,200,000) Dollars and the : offer was not negotiable. Plaintiff was further informed that NFBT . wCHJld r.u:.:cepi.: ollly a.~c:;on~:t.aC-c in whi~h ::~e Coun..::.y was t~E pur...;ha::::er-... with this information in hand, Claus Mittermayer, representing the -22- . r" .;.0 Plaintiff, proceeded to contact the Aston Group through Douglas Reimer for a meeting. This meeting was arranged and took place in the lobby of the building where the Defendant County negotiators were meeting. 68. Thereafter, Claus Mittermayer went to his negotiating room upstairs and then to the Defendant County meeting room. Ther~, Claus Mittermayer, as Plaintiff's representative, was presented with the Suffolk Document and told to sign same. 69. Such duress and coercion deprived Claus Mittermayer, : of the opportunity to exercise reasonable business judgment to lawfully perform a binding corporate act. 70. Therefore, John Kanas, President of NFBT, demanded -that the Plaintiff pay $30,000 to said Bank's attorney's offices :. (Wickham, Wickham and Bressler) by 8:30 a.m. June 8, 1989 in order '. ;j to obtain II !t !i ,j Plaintiff an adjournment for 30 days of the foreclosure sale. 71. It was about 11:00. p.m. on June 7, 1989, that asserted he had no idea where the Thirty Thousand . ($30,000) Dollars was to be raised; at this time Mrs. Prudence ~ ~Fairweather, , a friend of Mittermayer who had been at these ----- :t negotiations, told all present that Claus Mittermayer did not . appear to be mentally or physically sound enough to sign the , Suffolk Document and further that it should be signed the next day. .; 72. Claus Mittermayer was told that Defendant John Kanas 'and Defendant Halpin had already been informed that, "'this is a dO'1e de",_l' "'nd thi'lt the Def<=ndant' s _Documept -must -bes;;'qlled bef~!..e' Claus Mittermayer leaves this building." -23- . 'l'-'" 73. Plaintiff executed' the docur"e..,t prepared by Defendant County at approximately midnight. 74. The remainder of the night was spent in acquiring the required Thirty Thousand ($30,000) Dollars which was accomplished. Arrangements had been made, in Connecticut, for the money, a check, was obtained and Mittermayer then went at 8:30 a.m. to the law offices of Wickham, Wickham and Bressler. Abigail Wickham, NFBT's lawyer, arrived at the office at 9:15 a.m. and then i! ': proceeded to object to.the check and demanded that the $30,000 be :i accompanied by a wire transfer of the funds, which was done. Abigail Wickham then presented a document for execution by Plaintiff agreeing that the Thirty Thousand ($30,000) Dollars was not to be a credit against the indebtedness, but a fee for the "adjournment. Since the sale was set for 10:30 a.m., said Thirty i! : I Thousand ($30,000) release document was executed by Plaintiff. Ii il Abigail Wickham required Claus Mittermayer to produce appropriate i identification, although she knew Mittermayer, personally, for many' , . . : years before. 75. Said Abigail Wickham left the office for the :1 Courthouse and at 10:25 a.m. was notified that the $30,000 wire . transfer was completed. The foreclosure sale"scheduled for 10:30 .; ., a.m. was then called off and adjourned to July 6, 1989. ~ j " 76. All of the foregoing acts of the Defendants were ,! part of an unlawful and wrongful plan, scheme or design whereby "',;.. id Op.fendants acLinq i.. .;:c.nc:",rt with ~3.ch other, did w:t"ongfuU.Y , and unlawfully hinder, harass, impede, and interfere with the -24- 'r"'" C . " "J' ')> Plaintiff's right to engage in Its business of marketing and managing its real properties according to applicable law, thereby unlawfully depriving the Plaintiff of its civil rights. 77. All of the foregoing acts set forth in the Complaint at paragraphs "49" to "76", both inclusive, were committed by the . Defendants under color of state law and pursuant to a common ;design,plan, or scheme of the Defendants to deprive the Plaintiff "of its right to lawfully engage in its business of marketing and d 'jmanaging its real properties. said acts of the Defendants had for " 'J their intent and purpose the deprivation. of Plaintiff's civil , irights guaranteed by the Constitution of the United states and the .; '!Fourteenth Amendment thereto. ., '! :! 78. said wrongful and unlawful conduct of the Defendants f ~ :: in depriving the Plaintiff of its civil right to engage in its il . II lawful business has caused the Plaintiff to sustain damages in the Ilsum of Two Hundred Million ($200..000,000) Dollars in that the ., ,. 'iPlaintiff was forced to file a petition in Bankruptcy to preserve .1 . ;: its assets I :i " enormous and discharge its financial obligations, to ~ncur litigation lucrative to business forego expense, i: ;! opportunities and to endure the stigma of impaired financial standing. 79. With respect to the non-municipal Defendants, ':Plaintiff demands judgment awarding not only compensatory damages ;as set forth above but also punitive damages in such amount as to make i.li-. exarnpl~ of said Defenuc::.nts o.:lU to deter others f~o1;l ~i:::lil~.r -25- "'\--:"" f " , , . \11. .;. conduct in the future of not less than Two Hundred ~illion ($200,000,000) Dollars. 80. Plaintiff further demands jUdgment for its attorney fees and costs incurred in prosecuting this action. WHEREFORE, Plaintiff respectfully requests a jUdgment against the above-named Defendants as follows: 1. Upon the First Cause of Action in this Complaint, 'compensatory damages in the amount of ~NO Hundred Million :1($200,000,000) Dollars against each of the Defendants jointly and '! ,I severally; " 11 " i i 2 . Upon the Second Cause of Action in this Complaint, :1 " i!compensatory damages in the amount of Two Hundred Million ii ($200,000,000) Dollars against each of the Defendants, jointly and !I " J i severally; If II 3. Upon the Third Cause of Action in this Complaint, " I!compensatory damages in the amount of Two Hundred Million i I .-;.. il($200,000,000) Dollars against each of the,Defendants jointly and :!severally and also punitive damages against the non-municipal i; =1 !! Defendants in such amount as to make an example of said Defendants, liand to deter others from similar conduct in the future of not less ;! . ,ithan Two Hundred'Million ($200,000,000) Dollars; together with , ! ; , oj -26- '-- I I , ,. . .. -. Dated: j 11844.wdd L II ,I :1 '1 II i/ ;j :1 !i il 11 : i I , :1 :/ :) ,. 'i .. " ,I !i :: " ;1 " 4. Sucnother relief as the Court deems just. 'Mineola, New York October 16, 1991 " MELTZER, LIPPE, GOLDSTEIN /~O;l' P;C. By:/"M/j4~~ In No: V.... Altorneys for Plaintiff !90 Willis Avenue Mineola, New York 11501 (516) 747-0300 . -27- AND 9863 . i I ! '~, . ,. .... ,'.,. '."7 .. ; ~nitEa ~httES JEl istriLt QIourt UNITED srATES DISrRIcr OJURI' FJ'SI'ERN DISTRICT OF NEW YORK UGjI1t- PI c..E . SCUTHOLD DEVEWPMENT OJRPORATION a/k/a BWE lAQ)QN RESORTS, Debtor-in-Possession PlAINTIFF , SUMMONS IN A CIVIL ACTION v. SJFFOLK COUNTY, PATR!O< HALPIN, in his official cpacity as Suffolk County Executive, 'lllCWIS BOYLE, in his official capacity as Suffolk County Atto=ey, JOAN SCHERB, in her offi.cial capacity as Cannissioner of the Suffolk . County Real Estate Department, ROBERr' PIKE, G<En:JRY BlASS, JOHN WICKHAM, 'It:M WICKHAM, ROBINS ISlAND PRESERVATION FUND, INC., THE NATURE CDNSERVANCY, INC., NORTH roRK BlINK and TRUST <XMPANY, DWIGHT HOLBRXJK; THE 'IWN OF SOUTHOm, ABIGAIL WICKHAM. CASE NUMBER: \. /'-y \ r R. j .~ t;\.._ - ,: . D '"'. !\!\\ i~fl 10 \{ \j;-\ \"1. i'l.~.. ill: SEE ATrACHED LIST --..... r-' <5 ~ -tJ . .~J.. 4 ~no ~U0 PLAINTIFF'S ATTORNEY _(name and addnrssl YOU ARE HEREBY SUMMONED and required to file with the Clerk.of this Court and selVe upon ill \: ~ : I:II~ 1m 'MELTZER, LIPPE, G:lIDSTEIN & WJLF, P.C. . 190 Willis Avenue Mineo1a, New York 11501 SOUTKOL;) ~9':,.!r\ PlANIW.G. j.i.'l,liJ an answer to the complaint which is herewith selVed upon you, within twenty (20) days after selVice of this summons upon you, exclusive of the day of selVice. If you fail to do so, jUdgment by default will be taken against you for the relief demanded in the complaint. . ~.$E~_ ~~.~ DnDr:~r'.-:- ^ II v '-':"'; . : 0'. :-' - ~ ~.: ;:-~;'J\I\'If\J 0_-., '_.l.1 t, ;O/;b Jqj DATE ' cc: Towll Board Town Attorney Chief of Police Supt. of Highways William F..Mullen, Jr. Griffing & Southwick CLERK J\/\_~~ i2~~oo~ ~TYC ERK. .f) 440 fRev. 5/851 Summons In a Civil Action .' RETURN OF SERVICE Service of the Summons and Complaint was made by mei DATE lAME OF SERVER TITLE -:--'r.:~k u~~::uw to indicate a;;;;r:;;:JrfiJlC method Dr st!,-.,..i:e o Served personally upon the defendant. Place where served: o Left copies thereof at the defendant', dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: o Returned unexecuted: o Other (specify): IAVEL STATEMENT OF SERVICE FEES J SERVICES . ,DECLARATION OF SERVER lTOTAL . I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of'Service and Statement of Service Fees is true and correct. Executed on f;;anamr~ ::Jf SefYfJ!" ;;';;'0 . '".......' Address of Server '0) mav serve a SUmmons s&o Rule 4 or the Fecforal Rules 01 Civil Procecfur<!:l. l, . li ;;; H i~. -, iMJ 1& .t; I~ ;.f:} ;;~I i~ iii :., m Ii! :'1": '.,- =;::: .:.: ::j~ :~ ~:ig ~.;~: :m ~ ~ .:.~: :.S": ':.1r !. I ..';r. :.:...:...-:>~ < .J. LIST OF DEFENDANTS Suffolk County County Center Riverhead, New York 11901 Patrick Halpin county Center Riverhead, New York 1901 Thomas Boyle County Center Riverhead, New York 11901 Joan Scherb county Center Riverhead, New York 11901 Robert Pike 138 Ostrander Avenue Riverhead, New York 11901 Gregory Blass peconic Bay Blvd. Jamesport, New York 11947 John Wickham Private Road cutchoque, New York 11395 Thomas Wickham Private Road Cutchoque, New York 11935 " Robins Island Preservation Fund, Inc. Post Office Box 928 Cutchoque, New York 11935 The Nature conservancy 250 Lawrence Hill Road Cold Spring Harbor, New York 11743 North Fork Bank and Trust Company 9025 Route 25 Mattituck, New York 11952 Dwight HOlbrook Breezy Drive ~oy~~k: ~AW V~~k I !. if I - -.,-- :F'~~~""~, ~, .:.~;::!,:,i' Town of Southold Main Road Southold, New York 11971 Abigail wickham. Main Road Mattituck, New York 11952 . 2 i I' I I The JS.44 ci~il cover s'heet and (he information contained herein neither replace nor supplement the fifing and service 01 pleadif\gs or other papers 3S required bV law, elcept as provided by lacal rules of court. This form, approved by the Judicial Conference ollhe United Statas in September 1974, is reqdired for the use of the Clerk of Court lor the purpose 01 initiating the civil docket sheet: {For mare detailed instructions. see separate instruction sheet.) PLAINTIFFS I DEFENDANTS . SUFFOL!{ COUNl'Y, PATRIO< HALPIN, in his capacity SOOTHOLD ..DEVELOPMENT CORPORATION I as SUffolk County Exec., TIJCMAS BOYLE, in his" a/k/a BLUE LAGOON RESORTS, jcapacity as SUffolk County Atty., JOAN SaIERB, Debtor-in-Possession . in her capacity as Conn. of Real Est. Dept., I ROBERT PIKE, GREOORY BLASS, JOHN WICKHN1, 'I1Jf-1 I WICKHAM, ROBINS ISLAND PRESERVATION FUND, INC., ! THE NATURE CONSERVANCY, INC., NORTH FORK BlINK I and TRUST CO., lM.[GHl' HOIBROOK, et al. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF -Suffulk COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED I ~. . :;. CIVIL COVER SHEET ATTORNEYS '(FlAM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) MeTtzer, Lippe, Goldstein & Wolf,. P.C. 190 Willis Avenue Mineola, New York 11501 RKEN[D J! ~ /!;tf{. ~d ?~t1lhnlrlT-"~~ (PLACE AN EI IN ONE BOX ONLY) o 1 U.S. PLAINTIFF 0 2 U.S. DEFENDANT BASIS OF JURISDICTION IF DIVERSITY, INDICATE K1x3 FEDERAL QUESTION 0 4 DIVERSITY CITIZENSHIP ON REVERSE. (u.s. NOT A PARTY) (28 USC 1332, 1441) CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE) 42 U.S.C. 1983 a violation of the- Plaintiff's civil.rights to engage in its lawful business. NATURE OF SUIT (PLACE AN (;] IN ONE BOX ONLY) . CONTRACT TORTS ACTIONS UNDER STATUES . CIVllIl.IGHT$ FORFEITURE PENALTY BANKRUPTCY T OTHER SWUTES Coal UO INSURANCE PERSONAL INJURY 0 .420 TRUSTEE o 450 COMMERCE Ice 120 MARINE 0 310 AIRPlANE 0 "1 VOTING 0 610 AGRICULTURE 0 421 TRANSFER (S15b) I RATES. ETC. 130 MillER ACT 0 315 AIRPlANE. 0 4.42 JOBS 0 62G FOOD & DRUG 0 422 APPEAL (BOll ,0 460 OEPORTATlO~ 140 NEGOTIABLE 1- PRODUCT 0 443 ACCOMMODATIONS 0 6311 llOUOR lAWS 1 10 al0 SELECTIVE lN~TRII14Ff<,lr LIABILITY S : ~;~;~":E.~~, n 6AtI R R. &. TRUr:K I PROPfRTY RIGHT~ -; ;iERVICE. , ~... or,..n..c.."....~ " , ';2... .~:"l";".~ '.'0"';' l~ '50 !l;Rl....U:::S R:GZ .. M~f1 ~l:lIl.ull~S :". - . , fl fI.~n r.npvplr..,i . - o o o o '- ....WCn......'....CIYIC) ENFORCEMENT Of JUDGMENT o 151 MEDICARE ACT o 152 RECOVERY OF DEFAULTED STUDENT LOANS o 153 RECOVERY OF OVERPAYMENT OF VETERANS BENEFITS o 150 STOCKHOLDERS SUITS o 190 OTHER CONTRACT o 195 CONTRACT PRODUCT LIABILITY REAL PROPERTY 210 CONDEMNATION 22'0 FORfCLO~URF (:!'l QC:OJT IC~,\!" ~ EJECTMeNT u 240 fORTS TO LAND o 2.c5 TORT PRODUCT lIABIUTY o 290 ALL OtHER REAL PROPERTY Er o ,--, c.:. ~LANl1l:k 330 FEDERAL EMPLOYERS UABIlITY 340 MARINE 345 MARINE PRODUCT UABIUTY 350 MOTOR VEHICLE 355 MOTOR VEHICLE PRODUCT LIABILITY 360 OTHER PERSONAL INJURY. 362 PERSONAL INJURY-MEO. MALPRACTICE o 365 PERSONAl INJURY PRODUCT UABIlITY I ;=:; I. \"UMMUt)ltlC~ I L...J 00l1oi r.u.:;... I EXCHA"GE SAFETY/HEALTH 0 4' TRADE '. o 690 OTHER t 8 MARK ! 0 891 AGRICULTURAL t-- ACTS SOi:IAl SECURITY -1' 0 892 ECONOMIC ! 0 861 HIK(1395t11 SiABIUIATlON J 0 862 BLACK LUNG t9231 o. ACT o 863 DIWC (405 (g)) 893 ENVIRONMENTAL o 863 01\\'W (405 (gJ) MAnERS o 864 SSIO Tille XVI 0 894 ENERGy o 65 RS I ... ALLOCATION ACT ~ I 8 I (405 (91 _ I 0 895 FREEDOM OF r--------rAX"SUlTS ! INfORMATlO~! ACT t--------~ 0 900 APPEAL OF FEE '1 0 870 TAXES DETERMINATION 'I~ 0 871 IRS-THIRD I: UNDER (QUAL PARTY 26 USC ACCESS TO I .~ 7609 JUSTICE II 0 875 CUSTOMER I 0 95D CONSTITUTIONALITY CHALLENGE 12 Of STATE STATUTES use J..ll0 0 890 OJHER SlATUlORY J ,lCT10Ill5 '--CTHEft.ST!I.!!Hf~~ c*: Town Board I~ I w 'w'"'' I Town Attorney REAPPORTIONMENT . f f . o 41' <NTH RUST Chle 0 Pollee o 4JO BANKS ANO Supt. of Highways 8.4.NKING Wm 1= MIIII,:.n Jr. G ri ffi no & Sou thw ick Appejl 10 0151rlCI o 7 Judge from Maoistrate '_'_.'_"''''41 IU 10 iB -10 o PfUSONER PETlTJONS 0 S1!J VACATE 0 SENTENCE (2255) 0 0 530 HABEAS CORPUS 0 0 S4Q MANDAMUS & OTHER 0 550 CIVIL RIGHTS 0 10 I IW LABOR 110 FAIR lABOR STANDARDS 720 tABOR/MGMT RELATIONS 730 tA80R/M~MT 'REPORTING & OISCLOSURE Acr 74-0 RAilWAY LABOR ACT 790 OTHtR LA~uit UTlG':';::;~ 791 tM~, kl.l.ll'l";. SECURlTV ACT PERSONAL PROPERTY o 370 OTHER FRAUD o 371 TRUTH IN lENOlNG i 1.J 3SU ulHER PEii<;ONAI. I I PROPERTY 1 o 385 PROPERTY DAMAGE PRODUCT lIABIlITV ORIGIN (PLACE AN (;] IN ONE BOX ONLY) >fX 1 Or;~;n;rl [1 2 Removed ltom rJ 3 Rp.malld~d from :":'1:'';:;;::;;:9 ~t.i;G CviJi1 ,".:;:.:-.:t.::;: ~::::!1 04 Reinstaled or P.C':J::le~ed Translerred from o 5 anolner (hSlricl !~~;j~'l !.itic,~ji{ln 1"r1~f"""" . o 6 Mullidislricl UNIl t:.u $'11"\1 t:.::t DISl AIel cOLircT (Continued on Reverse Side) (Revised 8187) , JI':! CITIZENSHIP OF P~INCIPAL PA~TIES (IF DIVERSITY) CITIZEN OF THIS STATE INCORPORATED THIS STATE PTF DEF 01 01 02 02 FheCklFiII in if demanded in complaint _ o CHECK IF THIS IS A CLASS ACTiON UNDER F.R.C.P. 23 DEMAND $ OTHER FOREIGN CORPORATION-PRINCIPAL PLACE OF BUSINESS IN __ 03 03 STATE RELATED CASE(S) IF ANY IN RE: SOUTHOLD DEVELOPMENT CORPORATION UOGE WEXLER DOCKET NUMBER CV 'cIVIL CASES ARE DEEMED RELATED IF PENDING CASE IN VOL VED 91-201. OTHER NON-GITIZEN OF THIS STATE 04 04 o 1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT o 2. SAME ISSUE OF FACT OR GROWS OUT OF THE SAME TRANSACTION . o 3. VALIDITY OR INFRIN3EMENTOF THE SAME PATENT COPYRIGHT OR TRADEMARK Check YES only if demanded in complaint: JURY DEMAND: 0 Yes ia No ARBITRATION CERTlACATlON I, John Nesterman, ,counsel for Southold Development Corp., a/k/a Rlne Lagoon Re,;ort-,;, Tn,., doherebycertify pursuant to the Local Arbitration Rule Section 3(c): that to the best of my knowledge and belief the damages recoverable in the above captioned civil action exceed the sum of $75,000.00 exclusive of interest and ccsts. Relief other than monetary damages is sought. DISCLOSURE OF INTERESTED PARTIES-LOCAL RULE 9 Identify any corporate parents, subsidiaries or affiliates of named corporate parties: None . Did the cause of action arise in Nassau or Suffolk County? Ve,; If you answered y.es, please indicate which county. Snffolk .....- "~'.. ...~ ".,.:;;j'-'fmr.p'",r :-,j:a!r:'l,t.I,{~~~~..., ,,", ,",' ...:. ~ ...,............. "I, ~"" . (2) _ (3) Others .____..h County of residence of defendant(s) (1) ~llrfnl k (2)___ (3) Others I am currently a member in good standing of the bar of this Court. YES vv NO Date: ._n JQi1S/31__ Signature of Attorney of Record: /1/ PI/ ~ ! /J'l.4 .[ N;;w' .; "'''Lt.''.. to,;.. "t..H"O......~..C..T ,.. r..~ '0' ."'....'..0 .."CO",..,.. .aT~ .'.~~..- --~~~ 1.{J-l,en \ ;2'~!7;3 7Y 1: j:: -- I n~. =:~.::__J~____ n -1----- ,I ...!. . ___ u ._L_.. .'.0" ,"'J(lLCF;:$ .%0" <':-":lU"''' "L lJCO...C' 10"'9 ,UNT 0" C ....CCo< \ .F ! ..... l " i,:." I'," ,.,., ;";:.;,,;,,- ". I j~ '~i ~~ '1~: , MELTZER. LIPPE & GOLDSTEIN. P.C. 1913 LITIGATION DISBURSEMENTS ATTORNEYS AT LAW . . 190 WILLIS AVE. flL ~ MINEOLA. NY ?1 _ d~ 1.s-19-Z! '.1481260 m~~~Fi%~:; ilJ {Jci;?~yt aJt:I-J.~,v,I $/~~~.. ~EGISTEnEQ ','" '-).""', I", II I ,;" .1111', ""\ . 8-:N-4-O-9-1-8-~ -ruJt' .1,.1 t.. I.. "I IlClI1 ()It' . .'. \. ~.A R5t 199 Second St. ;El'QiI Mlnoola, NY 11501 C}'J D9LLARS \ L . .~ .( :f ..;\. '. ..~ . l 'j , ':.. :i ". ! ";::1' . 11'00 ~g ~ :,1:' ':0 2800 ~1,8g,: 01;1,1II0B'.)80 711' !'"..' i' . . , " ,':" '(~,:' .~. ".. .' , , ~,., " f I, r i ..':: ; {./ ":. ", ~' 1 :"', , " ..' ,,\0440 (n.elf. 5/85J Summons in. a Civil Action ;. 2linth~b ~tat.es JB tstrtJ:t QIaurt UNITED srATES DISTRIcr COURl' EASI'ERN DISTRICT OF .. NEW YORK SOUTHOLD DEVEIDPMENT CORPORATION a/k/a BWE IAGCXlN RESORTS, Debtor-in-Possession PIAINTIFF , SUMMONS IN A CIVIL ACTION v. ~LK COUNTY, PATRICK HALPIN, in his official cpacity as Suffolk Cmmty Executive, 'TIiOMASBOYLE, in his official capacity as Suffolk County Attorney, JOAN SCHERB, in her official capacity as Carmissioner of the Suffolk . . County Real Estate Department, ROBER!' PIKE, GREG::lRY l3I.ASS, JOHN WIO<H1\M, TOM WIO<H1\M, ROBINS ISLAND PRESERVATION FUND, INC., THE NATURE <DNSERVANCY, INC., NORI'H FORK BANK and TRUST ffi'lPANY, DWIGHT HOLBRlXJK, THE TCM'N OF SOUTHOrn, ABlGAlL WICKHAM. CASE NUMBER: 'lD: SEE A'ITACHED LIsr YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAI~TlFF'S ATTORNEY (name and address) MELTZER, LIPPE, GOLDSTEIN & OOLF, P.C. 190 Willis Avenue Mineola, New York 11501 . an answer to the complaint which is herewith served upon you, within twenty (20l days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. . CLERK DATE ~v n~p, ITY r.I ~RK ,:,"',.. .' AQ 44{J (Rev ~rfJ5) $:...p!":lOns In a Civil Action - . RETURN OF SERVICE DATE Service of the Summons and Complaint was made by me1 NAME OF SERVER TITLE -.- --- . r f:::;~.:Jc Une ~c;;., lx.low to indicate a;;~';,c;:Jrii1ie method of sen1(:e o Served personally upon the defendant. Place ~here served: o Left copies thereof at the defendant1s dwelling house or usual place of abode with a person of suitable age and discretion then residi n9 therei n. Name at person with whom the summons and complaint were left: o Returned unexecuted: .. o Other (specify): STATEMENT OF SERVICE FEES TRAVEL f SERVICES ITOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States at America that the foregoing information contained in the Return of ' Service and Statement of Service Fees is true and correct. Executed on .- " ~; .~, f~ - - . '-'I,. !!"... ('ftn ...,..""fV. I. Address of Server . , 1] As to .....ho m./ly serve a Summons s_ Rule 4 ot the FedofH.l1 Rules 01 Civil PrO<;C1dure. LIST OF DEFENDANTS Suffolk county county Center Riverhead, New York 11901 Patrick Halpin County Center Riverhead, New York 1901 Thomas Boyle county Center Riverhead, New York 11901 Joan Scherb county Center Riverhead, New York 11901 Robert Pike 138 Ostrander Avenue River~ead, New York 11901 Gregory Blass peconic Bay Blvd. Jamesport, New York 11947 ,John wickham Private Road Cutchogue, New York 11395 Thomas Wickham Private Road ~'~t-t;'!ho~"~.;; .~f'l:w..;-..;tQ~r:'(.... .....~1...~,~5, . Robins Island Preservation Post Office Box 928 cutchogue, New York 11935 Fund, Inc. The Nature Conservancy . 250 Lawrence Hill Road Cold spring Harbor, New York 11743 North Fork Bank and Trust Company 9025 Route 25 Hattituck, New York 11952 Dwight Holbrook Eret!zy Dr:i.,ve Noyack, New York I " ... " Town of Southold Main Road Southold, New York 11971 Abigail Wickham Main Road Mattituck, New York 11952 . 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ~ - - - - - - - - - - - - - - - -x SOUTHOLD DEVELOPMENT CORPORATION ajkja BLUE LAGOON RESORTS, INC., Debtor-in-Possession, : Plairitiff, : COMPLAINT -against~ : civil Action No. SUFFOLK COUNTY, PATRICK HALPIN, in : his official capacity as Suffolk County Executive, THOMAS BOYLE, : in his official capacity as Suffolk county Attorney, JOAN SCHERB, in her official capacity as commissioner : of the Suffolk County Real Estate Department, ROBERT PIKE, GREGORY BLASS, JOHN WICKHAM, ,TOM WICKHAM, ROBINS ISLAND . PRESERVATION FUND, INC., THE '; NATURE CONSERVANCY, INC., THE : : NORTH FORK BANK and TRUST :: COMPANY, DWIGHT HOLBROOK, TOWN OF SOUTHOLD, and ABIGAIL WICKHAM, Defendants. ., II - iJ - - - - - - - - - - - - - - - - -x Plaintiff, SOUTHOLD DEVELOPMENT CORP., ajkja Blue Lagoon : \ .t<.etiOi i.:~:t:, I:'-iC. I Deb~o=,-.j.n-r.=-:;~~=::-s~cn DY. ~l.~:3.:. u.t.-::.=,::-::~~."'~'" ~~!:;~ "'O'r" ,Lippe, Goldstein & Wolf, P.C., Inc., complains of the above-named :[Defendants and respectfully shows the Honorable Court and alleges as follows: . JURISDICTION AND VENUE 1. This Court has subject matter jurisdi,ction to entertain this action under 28 U.S.C. 9 1343, in that the acts ',,-,"..~.'._~-' ~~.-~.- --~. ..- ~-.~:. - -::.- -1- hereinafter complained of constitute a violation of 42 U.S.C. ~ 1983. 2. All of the above-named Defendants either reside or are doing business within the Judicial District of the Eastern District of New York, and the claims asserted herein arose within said Judicial District. Accordingly, the venue of this action is properly within the Judicial District of the Eastern District of New York. PARTIES 3. Southold Development Corporation ("Plaintiff"), also ;1 known as Blue Lagoon Resorts, Inc., Debtor-in-Possession, said name : change having been made by proper amendment to the certificate of : Incorporation filed with the secretary of state of the state of New . York and granted on May 28, 1991, effective May 29, 1991, isa '; corporation duly organized under and existing by virtue of the Laws .i "of the state of New York, conducting business within the state of ,New York with its principal place of business care of Post Office : Box Z, Shelter Island Heights, New York 11965. At a.U t~me relevant to this Complaint, Claus Mittermayer was Plaintiff's duly : authorized corporate' representative in all matters hereinafter alleged. 4. Plaintiff was formed" in 1979 to own, manage and ;imarket real estate holdings throughout this and foreign countries. 5. Plaintiff's sole assets are three parcels of real .: properLy J:oc.:Cit€;d. irr ~~1.C; To.wn ~f SCi...-;:thold.";- Ccunty ..of- suff,01k, Stai;e- of New York. One of the parcels of real estate is known as Robins -2- Island, consisting of 435 acres, more or less, more specifically described on the Suffolk County Tax Map as District 1000, Section 134, Block 3, Lot 5. The other two parcels of real estate are two vacant lots located in New Suffolk, Town of Southold, County of Suffolk, State of New York, more specifically described on the Suffolk County Tax Map as District 1000, Section 117, Block 8, Lots 19 and 20. (Collectively, these three parcels are referred to as "Robins Island" or "The Island.") 6. The Island was acquired by Plaintiff in July 1979, ;i by warranty deed, from one Mackay and the possession of The Island H has been continuously held by plaintiff since said acquisition. 7. The primary business of Plaintiff, since 1979, has i been the ownership management, upkeep, and marketing of The Island, / V ,i and the time, effort, and money expended by plaintiff in preserving f ~ ,-- !i its interest The Island. ; t r.... ii 8. Defendant County of Suffolk (the "county") is a ,! :i municipal corporation, of perpetual duration, with the power to sue . :, and be sued, and is organized "under and exist:s vy v.i."'l.."'''' VL ...,,'" laws of the State of New York, with its principal office located at County Center, Riverhead, New York. 9. Defendant The Nature Conservancy (the "conservancy") !i is a not-for-profit corporation, organized. under the laws of The " H District of Columbia, operating within the jurisdiction of the U.S. ii District Court for the Eastern District of New York since it is : .:.; doi.nq "business ~itb.iTI the Count:,' and.ma,intain"i.a,! office, among others, located at 250 Lawrence Hill Road, Cold spring Harbor, New -3- York 11743. At all time relevant to the Complaint, John Kap.~~ was a Trustee of the Long Island Chapter of the Conservancy. 10. Defendant Patrick G. Halpin as County Executive of Suffolk County, is the Executive of the County having assumed such office on or about January 1, 1988. 11. Defendant Thomas Boyle as Suffolk County Attorney, is the_Attorney of the County and has held such office during all , time relevant to this complaint. i; 12. Defendant Robert Pike is, upon information and ':belief, an attorney licensed to practice law before the Courts of '1 the State of New York who, at all time relevant to this Complaint, 'i represented groups and individuals that aligned themselves with the i :j County to unlawfully deprive Plaintiff of its right to develop, ii refinance or sell all or any part of The Island to parties oJ ii interested in developing The Island. ii I' " 13. Defendant Joan B. ~cherb as commissioner of the " !! :! Suffolk County Real Estate Department was the duly appointed ,; :icommissioner of the Suffolk County Real Estate Department ana neLu 'that position at all time relevant to this Complaint. " 1\ 14. Defendant John Wickham at all relevant time has been ; involved in the development plans for the east end of Long Island Ii in that for twenty-four (24) years he served as the Chairman of the '; iisouthold Planning Board, and upon leaving that position he joined 'ithe Suffolk Cqunty Planning commission. At all time relevant to . -:":his .Co"1Dplctl.-:"t, DE::~~IH:1ant, Joh~ ~~ickbana__~Gted ion corice.r:t 'Y'"ith ot,hpr-: Defendants and assisted in organizing their assertion of a baseless -4- claim commoli~y known as the wickh2~ Claim, which was manifested in the institution of a wrongful and unlawful lawsuit brought in the name of the Robins Island Preservation Fund, Inc., against Plaintiff before the United States District Court for the Eastern District of New York designated as civil Action No. CV-89-1299 (the "Wickham Claim") which Claim was asserted to assist the County in preventing the development of The Island. 15. Defendant Thomas Wickham was elected to the Southold !Town Board in November of 1989; Defendant Thomas Wickham is one of many alleged heirs of Parker Wickham and participated in the institution of the "Wickham Claim." 16. Defendant Abigail Wickham is one of many alleged 'heirs of Parker Wickham who instituted the "Wickham Claim" and is !! ;; the determination 1: 1: as Robins Island. of the marketability of title for such properties (Defendants John,Thomas and Abigail Wickham are :, ,! sometimes hereafter referred to as the "Wickham Defendants.") . 17. Defendant Robins _ Island Preservation - Fund, Inc. " ("RIPF"), is a not-for-profit corporation organized under the laws , , !of the State of Maryland doing business in the County created by ;certain of the alleged heirs of Parker Wickham and their . . supf'orters '. RIPF wC'43 the plaintif:: whi~h "-institnted "th.;? \f:ickham Claim. -5- 18. At all time relevant to the Complaint Defendant The North Fork Bank and Trust Company ("NFBT") held mortgages against The Island. NFBT instituted a foreclosure action against Plaintiff and, acting in concert with the County, did wrongfully and unlawfully coerce the Plaintiff into executing an alleged contract (hereinafter "Suffolk Document") to sell The Island to the County. At all time relevant to the Complaint, John Kanas was President of NFBT. 19. Defendant Gregory Blass is an attorney and a former : Suffolk County Legislator. Defendant Blass is involved in the :ienvironmental movement on Long Island to "save" Robins Island and ;' was the sponsor of legislation by the County that made funds ,; available to acquire the "development rights" to a farm owned by John Wickham. 20. Defendant Dwight Holbrook wrote an article entitled , : t "The Wickham Claim" which was published in book form by the Suffolk ,County Historical society with the aid of funds provided by the " ' County. 21. Defendant Town of Southold (the "TOwn") is a 'municipal corporation of perpetual duration, with the power to sue and to be sued. The Town is organized under the laws of-New York, with its principal office located at Main Road, Southold, New York. j! BACKGROUND 22. The Island consists of approximately 435 acres of "land ~,Jc::;.';;cd ir. th~ peconic Bay, Suffolk County. The Island is - . ,designated as the "jewel" in a crown desperately sought to be worn -6- by environmentalists, politicians;' and individuals who share as a common objective the unalterable goal of keeping The Island "forever wild". The determination that these groups share in realizing this common goal was accurately stated by Suffolk County Legislator, Steven Englebright, who said: ". . . I am willing to take whatever steps are necessary to that end (forever wild). If there is going to be a test of our will, we will.meet the test". 23. On August 9, 1983, the County joined forces with the ;: well entrenched environmental team seeking to keep the Island Ii .' "forever wild." It was on this day that the then Suffolk County j! :: Executive signed a Resolution introduced by former Legislator :: Gregory Blass to commence negotiations for the purchase of The Island. That resolution appointed the Conservancy as agent to act . on behalf of the County in the acquisition of The Island. This was :, the first official step taken by the County to acquire Robins II " '; Island. j! :::!-~. :'=::::: ti~", ~:: '::i:::!?,,:,f;ter. _ll,'..:'Just 9, 1983 the County .' utilized funds provided for a program known as the "Open Space ,Acquisition Program" to induce various holders of the alleged Wickham Claim to wrongfully and un~awfully assist the County in its efforts to force a below-market sale of Robins Island to either 'Suffolk County or an environmental organization such as the .' Conservancy which shared the common 'goal of"preventing Plaintiff 'from developing Robins Island. -7- 25. By utilizing funds made available throua!1 Resolutions, the County made several offers to purchase Robins Island. Each such offer represented a small fraction of the fair market value of The Island, and was rejected by Plaintiff. 26. To explain why Suffolk County was proceeding by attempted negoti~ted sale rather than by condemnation, thus enabling the County to control the amounts offered for the much sought after Island, former Suffolk county Legislator Gregory Blass , admitted: :; "Condemnation is completely out of the question. It's both a political and practical impossibility. The problem is that the County takes title first and then settles the price later." :1 ~ : :' This quote evidences that the County knew that its offers for The . Island were far below The Island's fair market value, which is the : actual measure of compensation. required by condemnation. This '. i!quote also illustrates the fact that if the County were going to .;acquire The Island for such a small fraction of its fair market :i v"dIu.c:" it ~".7!qJl.ire_d t-l1.e -:tssista.nce of other p~:rri~_s~ 27. In seeking an ally that shared the common goal of ': preventing the Plaintiff from developing The Island, the County :i turned to the Suffolk County ~istorical Society, NFBT, the Conservancy and the alleged holders of the Wickham Claim for assistance. 28. In 1986 Suffolk County provided funding to the Suffolk County Historical Society which published a work by Dwight Holbrook entitled "'l'ne wicKnaIn claim. ": .' - -. .~. ...... .' 'Tl11~ wo1.~~ add.:i:25s~~ ~!:c -8- " " 1784 seizure of Robins Island by New York State from Parker wickham. It was the position of this County-funded work that the 200 year old seizure, for which the Wickhams had been compensated by the British government, was enforceable as a contemporary claim. The Wickham Claim alleged as its basis an ownership interest in Robins Island and two parcels assaciated therewith derived fram the Attainder .of Parker Wickham in 1784. 29. Having created the Wickham Claim as a cloud an the ': title .of The Island with the assistance .of the Suffalk Caunty :1 Histarical Saciety, the Caunty then turnedta the Canservancy far Ii additional help. with the adaptian .of Resalutian Na. 21.44-86 Suffalk County retained the Canservancy as an "agent" for negatiations with Plaintiff. In return far acting as an "agent" of I Suffolk County, by attempting ta buy Rabins Island in the name .of I the Canservancy, the Caunty pramised ta reimburse the Canservancy ,far the price paid far the parcels,. all expenses invalved in their : acquisitian, and a "brakers" fee equal to three percent .of the . I acquisitian price. ! ; ;: 1.987, with this relatianship intact an Navember 1.8, at the instigatian .of the Caunty, the Canservancy made a i: written prapasal ta Plaintiff ta purchase Rabins Island far six . ,Millian ($6,000,000) Dallars. This .offer was rejected'by Plaintiff since it did nat reflect the fair market value .of The Island. 30. Upan the belief that Plaintiff was caming ta terms .! with anather praspective purchaser .of Rabins Island, the Caunty turned to the a.'il'eqcu Widcham he:L;:-;; ..todi~~uss Oilr. hope::;. f-or thp' island and what the future might hald". In furtherance thereaf, a -9- .' ~e2ting was held on or about May 11, 1988, and was attended by John and Thomas Wickham as well as Joan Scherb, Gregory Blass and others. The purpose of the meeting was to ascertain the willingness of the Wickhams to institute a wrongful and unlawful claim of ownership to Robins Island. The meeting had the impact of increasing the prevalent understanding that the marketability of the title held to The Island by Plaintiff was in jeopardy. 31. With the passage of time, due to' the imlawful activities of the Defendants, the title held by the Plaintiff " became less marketable. Despite these difficulties, Plaintiff was 'i able to conclude an agreement with The Robis Corporation ("Robis") on June 30, 1988 for the sale of the Island by Plaintiff to Robis for the sum of Fifteen Million Two Hundred Thousand ($15,200,000) ,! Dollars (the "Robis Contract"). Realizing the possibility that :1 i i there may not be sufficient obstacles in place to prevent the :1 I '. h . :: c oS1ng of t1tle to The Island'" under t e Rob1s Contract, the I :1 ; Defendants further enlisted the assistance of the Defendant Town of .j .; Southold. On January 10, 1989, Defendant Town of Southold put into .! . . 'place zoning modifications which up-zoned Robins Island from one ! 'i dwelling per two (2) acres to one dwelling for every ten (10) . , acres. As a result of all of the aforementioned conduct, the ; marketability of title was impaired and Plaintiff was unable to i '[deliver clear title under the Robis Contract. In Aprii of 1989 i :: Robis instituted an action to compel Plaintiff to resolve the title ..: 'r>rot-I em,;; and <.;luse title to :'hz ISlancj und2r the Robis ,Contract. -10- I !' 32. On April 24, 1989, the Defendants induced the wickhams to institute the Wickham Claim through RIPF and to file a lis pendens against the Island. This claim was brought for the sole purpose of creating a further cloud on the title of The Island so as to interfere with any plans of Plaintiff for The Island such as refinancing, sale for fair value, and/or development. 33. Several weeks after being persuaded to institute the Wickham Claim, the purported holders thereof received TWo Hundred' . and Twenty Thousand ($220,000) Dollars for the "development rights" ,to twelve (12) acres of John Wickham's farm. At the closing of ,i this "deal" the' County was represented by Patrick G. Halpin, Joan Scherb, then Town of Southold Supervisor Frank Murphy, and Town of Southold Councilwoman Ellen Larson. 34. Several weeks after the Defendant RIPF instituted ;. : ~ the Wickham Claim against Plaintiff, and just hours before NFBT was ; :i '1scheduled to conduct a foreclosure sale upon its mortgages against !j . ;; 0 ;rThe Island, Defendants unlawfully coerced and forced Plaintiff to boo ';-.-:.- -~.". _ o. .-.- - .,. . I _ . ;: sign the Suffolk Document which is purportedly an agreement: t:o seLL I. ;/ . Robins Island for less than two-thirds (2/3) of its fair market value. This result was aided, abetted, and facilitated by the activities of John Kanas, simultaneously acting as a presiqent of 'NFBT and as Trustee of the Conservancy. NFBT which had previously :;denied any adjournment of the foreclosure sale, granted a ,conditional extension of the foreclosure sale since Plaintiff had , " :~qreed to th~ eandition that it to ~ell The Island to T~~ County through The Conservancy. -11- .' 35. Just as th~ plan of Defendants was about to come together to prevent Plaintiff from developing Robins Island the Honorable Judge Doyle on July 13, 1989, granted Robis Corporation a default judgment compelling the sale of Robins Island to the Robis Corporation under the Robis Contract. In a last grasp at the "j ewel" of their dreams, the Suffolk County Attorney, Thomas Boyle, without the necessary legislative approval instituted an action to 'compel the sale of the Island to the County. FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS i , ! allegation contained in paragraphs ; 36. Plaintiff repeats and realleges each and every numbered "1" through "35" of ,!this Complaint as set forth herein, and makes the same a part of i; :i this First Cause of Action. H . ;1 I 37. Subsequent to the election of Defendant Halpin and commencing in or about May of 1988 and continuing to the present time, all of the Defendants did wrongfully and unlawfully pursue, j- i~. 'c":n1.'::-'e...,:,~:i:_: . w' t):.(.:.... . ;..'";..:::~.". ,......t:h.P:::::~. _.'~ CO",!.1lT1un p.l a.ii.~, ~c;'i'!'ciuc: ~ -" ail~' ~csi"q:1 t.c. I !!deprive the Plaintiff .of its federal rights to due process of law! it in engaging in the business of developing The Island in accordance J! with applicable laws. . 38. In furtherance of said wrongful and unlawful plan, d :1 scheme and design and under color of state law, the Defendants ~:wrongfully and unlawfully committed acts which resulted in taking ,j Plaintiff's property without notice or an opportunity to be heard, .; and further acts which were in excess of Defendants I lawful -12-. authority, thereby depriving Plaintiff of its property wit:,out due process of law, all such acts were and are in violation of Plaintiff's civil rights as guaranteed by the Fourteenth Amendment to the Constitution of the United states. Said wrongful and unlawful acts included, but were not limited to, the following: 39. Defendants Halpin, Scherb and Boyle did on or about July 14, 1989, wrongfully aEd unlawfully file or cause to be filed in the Supreme Court of New'York, Count-yof Suffolk, an action by ,! the County of Suffolk as plaintiff against the Plaintiff and Claus !! Mittermayer as defendants, Index No. 89-12468, seeking the specific ! i performance of the Suffolk Document and for the recovery of :i Ii compensatory :! J and punitive damages arising from the alleged fraudulent breach of the provision of said Document accompanied by i i the filing of a lis pendens on the sole assets of the Plaintiff. I i 1/ The institution of said action was in excess of the lawful II authority of Defendants Halpin, .Scherb and Boyle as County :! Executive,- Commissioner of Department of Real Estate and County ! I Attorney, .; Defendants . respectiveiy, of the County, and was done by said j! II interfere with and impede the Plaintiff in engaging in its business :! solely to wrongfully and unlawfully hinder, harass, of selling and marketing. its properties in accordance with 11 applicable law. Such conduct on the part of said Defendants was !I I. ii committed under color of state law and was aided, abetted and : I participated in by all of the De,fendants in pursuance of such " : ~ common design f scheiM;. iirH::- plan. -13- 40. Pursuant to said common design, sch0me, and plan to deprive the Plaintiff of its right to engage in its business of selling and developing its properties in accordance with applicable laws, the wrongful and unlawful conduct of the Defendants had the effect of unlawfully placing a cloud upon the title of the 'properties of the Plaintiff thereby reducing their marketability and preventing their sale and use as security for financing and forcing the Plaintiff to seek protection Chapter 11 of the United ':States Bankruptcy Code all to Plaintiff's injury and damage. Said "misconduct has caused Plaintiff to suffer severe injury and damage t! in the sum of Two Hundred Million ($200,000,000) Dollars. :j SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS 41. Plaintiff repeats and realleges each and every., Ii allegation of paragraphs ,I jComplaint as , 'Second Cause of Action. It numbered "3611 through "40" of this if set forth herein and makes the same a part of this I':~.:' ., ' ::! . - . .::--~ ;.. . ~ .., . , " !1 'various offices in the Suffolk County Government took place with ::::: ~~Q ::,;'.,::,.l,:l " of , on..., ......." u, , elec~:"=.:1 .....".""'~:::lI;""""'_c::! --_....- ---;,1.-'. for th" ':elections being held in November 1987 for terms beginning January 1, 1988. In the race for the Office of County Executive, Defendant Halpin was elected. On information and belief an integral part of ,! Defendant Halpin I s platform was the expansion of the "O;:>en Space '. Program" in Suffolk County by the' further acquisition of lands to be designated by the Commissioner of the Department of Real Estate. Defendant, Joan B. Scherb, was appointed by DeIenaant haipin 1:.U ue -14- surtl Commissioner, and she assumed' her duties on or about April 1, 1988. Defendant Scherb met with Defendants Gregory Blass, John and Thomas Wickham and others in or about the month of May 1988 for the purpose of effectuating a common design to wrongfully and unlawfully importune the Wickham Defendants into participating in the creation of a cloud upon the title of The Island. The effect of this common design was to reduce the marketability of The 'Island. Said Defendants knew'at the time of said meeting that the ;! assertion of a claim of a proprietary interest in Plaintiff's ,j :!property was without foundation in law, frivolous, and devoid of 1:[ 't rth l' , d'd :! mer1. Neve e ess, sa1d Defendants w1th such knowledge 1 'iwrongfully and unlawfully agree to participate in the assertion of i' said bogus claim so as to wrongfully and unlawfully hinder, harass, j; ii interfere with, and impede the Plaintiff in engaging in its' :ibusiness of developing its properties. II Ii 43. As a result of said meeting in May 1988, the I ij '!Plaintiff was unable to deliver a marketable title to the Robis . " Corporation as required by the Robis Contract. 44. The Wickham Claim had its origin over two hundred 'J (200) years ago and it was generally known to title abstract . companies throughout the U.S. that such claims were not considered 1: as a cloud upon the title to real property nor did they, in any 'way, impair the marketability of real property. Said stale claim ,- only became an effective cloud upon title to The Island after the Defenn"nts I wromitul an<.l un:i.a~J[ul cor;duct, ,of _ inoi.ucing tl1e Wickham Defendants to first publicize their intent to assert said stale -15- claim and then pursue such bogus claim by instituting the Wickham Claim on April 24, 1989, in the united states District Court for the Eastern District of New York under civil Action No. CV-89-1299. 45. Defendants organized or encouraged the organization of RIPF as a not-for-profit corporation for the sole purpose of furnishing a shell entity to institute a lawsuit that would deter title insurance companies from insuring the marketability of Plaintiff's title to The Island. Such refusal to insure was not ': based upon the merits of the "Wickham Claim" to an actual ownership Ii " interest in The Island but upon the economic considerations arising :! from having to defend against potential lawsuits of the many " alleged Wickham heirs. Not being able to use The Island either for '; purposes of sale or as security for funds to develop same, the ,i plaintiff, on July 20, 1989, commenced its chapter 11 case thereby .: 1 i incurring substantial costs, in an attempt to reorganize and , i\. salvage any available equity in The Island and to permit it .to I. i .li_con::_inue its business of selling and developing real estate.. I j! " 46. The Defendant Dwight Holbrook did wrongfully ana unlawfully solicit assignments to RIPF from alleged Wickham heirs I i! of their alleged proprietary interest in The Island in exchange for . a discount on the price per copy of the book allegedly authored by '1 Defendant Holbrook and published by the Suffolk County Historical !Society, an organization partially supported by The county, which ! publication costs, upon information and belief, amounted to Twenty- , 'T'1,1n 'l'nnllsana f. $22. OGO) DollaJ:s. 47. All of the acts of the Defendants described in -16- paragraphs "41" to "<!6" both inclusive set forth above were performed under color of state law in that each Defendant, at divers times and places during the period 1988 through July, 1989, and within the jurisdiction of the United States District Court for the Eastern District of New York, did, in concert, wrongfully and unlawfully participate in a common design, scheme, or plan to deprive the Plaintiff of its right to engage in its business of managing, marketing and developing The Island according to . applicable law. 48. Said wrongful and unlawful misconduct set forth in :; the paragraphs numbered "40" to "47" both inclusive has caused the .. Plaintiff to suffer severe injury and damage in the sum of Two . Hundred Million ($200,000,000) Dollars. THIRD CAUSE OF ACTION AGAINST ALL DEFENDANTS I) 49. Plaintiff repeats and realleges each and every I: allegation contained in paragraphs numbered "40" through "48" of !, I, ;: '~his Cc.:mp1.v.~~'t ;,:'l_~ .lI S~~. ':':0:o;-'r-~h ~-r:-. i ~nn,t.j-!. i-..PTe.ill' ;..i:1j =.:..3:~~ ~~~"'. 3~~~_ j! ia part of this Third Cause of Action. 50. As a result of the common scheme and design of the Defendants, the Defendants did,- on or about June 7, 1989, wrongfully and unlawfully procure by coercion and duress the .; execution, by the Plaintiff, of the Suffolk Document, purporting to ;! . sell Robins Island to the Defendant County for the sum of Nine Million and Two Hundred Thousand ($9,200,00.00) Dollars. Said -17-. : unlawful coercion and duress took place under the fOllo"ing circumstances: 51. In the period of 1984 June 1987, the Plaintiff placed mortgages against The Island in the total amount of Two Million Two Hundred Thousand ($2,200,000) Dollars, in which NFBT was the mortgagee'of two mortgages, one for One Million One Hundred Thousand ($1,100,000) Dollars and another for Eight Hundred and Fifty Thousand ($850,000) Dollars. There was also a mortgage to :;the Southold Savings Bank against The Island in the amount of Two ,; Hundred and Fifty Thousand ($250,000) Dollars. The Southold iisavings Bank was merged into the NFBT which therefore became the i' holder of all mortgages. In each instance that a mortgage was ;; 'i placed against Robins Island during said period, title insurance on ; Robins ., I Claim" Island was duly issued. The existence of the "Wickham was no obstacle to the issuance of such insurance. On August 2, 1988, NFBT filed a foreclosure action because said ~I mortgages were in .default for failure to pay the principal and " :; interest due, and June 8, 1989, was designated as the date or !! . '! foreclosure sale for The Island. :i 52. On April 24, 1989, Defendants John and Thomas .. WiCkham, together with Defendant Robert D. Pike, participated in . 'i the filing of the spurious and groundless Wickham Claim as the :; . i!basis for disputing with Plaintiff its title to Robins Island. The !iassertion of the Wickham Claim in said lawsuit fulfilled Defendant :: BlaBs' punliC'stat",ne~t li,at, "the ~~ickllall!7Claimvdll scare. off. i'..ny 'would-be-developers of Robins Island," and transformed a -18- " ,. " theretofore purring pussycat into a raging t'_Y'er, beclouding the title of Robins Island. 53. DlIring that time Plaintiff sought refinancing of The Island. The appraised value of Robins Island, at that time, was Fourteen Million ($14,000,000) Dollars and Plaintiff's indebtedness to the mortgagees was approximately Two Million Two Hundred Thousand ($2,200,000.00) Dollars, leaving an available equity that . was more than adequate to raise Two Million Two. Hundred Two . ; Thousand ($2,200,000) Dollars to discharge said mortgages. 'iApplications made by Plaintiff to title insurance companies !!throughout the united states for title insurance were all denied. '! The reason given for such denials was uniform; no insurance company '! was willing to buy a lawsuit. It was not a good insurance risk :: inasmuch as the insurer would have to defend each lawsuit brought i!bY the alleged Wickham ~eirs, and they were many. , 54. Negotiations between. the County and conservancy on I ,-";-'. Hthe one hand and Plaintiff on the other concerning a sale of Robins I' ,. 1\ ;jIsland to the Defendant County were held beginning in May 1989. " , ,! 55. At a meeting of the Plaintiff with the Defendant :;County and Conservancy, Claus Mittermayer was separated from the ., <negotiators for the Plaintiff, the County and the Conservancy. .' 'j 56. At one time, early' in the negotiations, it was .. I! relayed to Claus Mittermayer that the County was willing to pay iiTwelve Million ($12,000,000) Dollars for all of the Island, or Ten I.t Millo'1' ($10".000.000)' C01la,,-s with th<: ?laintlff- retaining t:~.:o lets on The Island plus the two mainland business zoned parcels, plus -19- \ the riparian rights uround Robins Island for aqua-cultural use. In addition, because the County/Conservancy offer was below the fair value of Robins Island, Defendant County and Conservancy offered to provide as a tax deduction for Plaintiff the difference between the fair market value and the "bargain sales price." It was further a part of the Conservancy/County offer to provide approximately $4-5 million dollars of_refinancing so that the foreclosure sale could be prevented and Plaintiff could resolve' some of its pressing "financial obligations prior to title closing. 57. Claus Mittermayer was further informed that since '!the Defendant County and Conservancy were instrumental in creating ;; and asserting the Wickham Claim that only they would be able to ; resolve it. ., 58. The following morning, Plaintiff . reluctantly o' i, j acquiesced to the Ten Million ($10,000,000) Dollar package. Later I that day, Claus Mittermayer was informed that the Defendant County I lihad changed its mind and was interested in only a complete sale for " i!Eight Million and Two Hundred Thousand ($8,200,000.00) Dollars. I: . 59. The Defendants were utilizing the passing of each ,iday to increase the pressure on the Plaintiff resulting from the ,impending loss of The .Island to a foreclosure sale in order to ':reduce the acquisition price of The Island. H 60. The Conservancy stood to make a substantial profit ;:in consummating the sale in that it had a direct financial interest . . ....; 1rl the acgui~.ititJu ..;f 1.anuti for th~.. Defend3.!1t Cocnty '-s tlCpe~ Spac.:-: Program. " Specifically, the Conservancy received a percentage of -20- , r",' the selling price of the land as acquired by the Defendant County through the aid of The Conservancy, plus all of its expenses incurred in each such acquisition. The Conservancy was acting as an acquisition conduit for the County under its "Open Space Program." The Conservancy would derive further income from those land acquisitions requiring "management". 61. The Eight Millio~ Two Hundred Thousand ($8,200,000) 'Dollar offer of the County not. being acceptable-, the Plaintiff ; resumed its negotiations with other interested parties to either " elsell or refinance The Island in an attempt to prevent the , " !; foreclosure sale. Plaintiff's efforts were fruitless not only I '! because of its inability to obtain title insurance on., Robins ~ ; Ii Island, but also because previously interested investors were :, : i warned by the Defendants "to back off" since Robins Island was to I, il Jibe purchased by the County. !i 62. These activities of, the Plaintiff continued into 11 i! June until Plaintiff met the Aston Group which was willing to " 'i structure an arrangement to refinance, the mortgages and tnus ,iprevent the foreclosure sale. These investors required a letter " ',anyone. This order was temporarily lifted. - 6';-.' . On: June '7, "1:>89 I . th~. ~~a~_n~i~fJ t~.I.r:::;.;h. ~h~ A-Gton , Group, went to Defendant NFBT and offered to pay Defendant NFBT -21- r. . Four Hundred Thousand ($400,000) Dollars in order to adjourn the auction date for 30 days. If the Plaintiff or the Aston Group did not satisfy Plaintiff's indebtedness to the Bank within the 30 days, the Defendant NFBT could keep -the Four Hundred Thousand ($400,000) Dollars with no strings attached. NFBT refused such offer. 65.. At the time of such refusal, Defendant Abigail 'Wickham, of the law firm of Wickham, Wickham & Bressler, was the 'attorney representing NFBT. At that time, .Defendant John Kanas ;iwas the President of said Bank and was a member of the Board of Ii Trustees of the Long Island Chapter of the Conservancy. Also, at . that time, Jay Wickham was a Director of said Bank. 66. Later, on the same day, after the refusal of the adjournment, the Plaintiff was informed it had no alternative but 'i to make a deal to sell Robins Island to the County. Pursuant to :i .' ",-,. . 'i that information, a conference with ~h~county and conservancy was \; ;j arranged following the same format as in the prior meeting, i.e., , separate negotiating rooms -- one for the seller and a separate one for the buyer. No face-to-face contact between the parties was l '; permitted although Plaintiff requested such face. to face negotiations. 67. Claus Mittermayer was informed that the County would .. " pay Nine Million Two Hundred Thousand ($9,200,000) Dollars and the ; offer was not negotiable. Plaintiff was further informed that NFBT . WCHJld accept: oiJly a"con;'::t'aC-c. in whiph ::~e Coun.ty was "cae purcha:::er.. With this information in hand, Claus Mittermayer, representing the -22- . r" ~ Plaintiff, proceeded to contact the Aston Group through Douglas Reimer for a meeting. This meeting was arranged and took place in the lobby of the building where the Defendant County negotiators were meeting. 68. Thereafter, Claus Mittermayer went to his negotiating room upstairs and then to the Defendant County meeting room. Ther~, Claus Mittermayer, asPlaintiff1s representative, was presented with the Suffolk Document and told to sign same. 69. Such duress and coercion deprived Claus Mittermayer, ,of the opportunity to exercise reasonable business jUdgment to ,: lawfully perform a binding corporate act. 70. Therefore, John Kanas, President of NFBT, demanded : that the Plaintiff pay $30,000 to said Bank's attorney's offices (Wickham, Wickham and Bressler) by 8:30 a.m. June 8, 1989 in order :; lito obtain an adjournment for 30 days of the foreclosure sale. d !: 71. It was about 11:00. p.m. on June 7, 1989, that :i :! Plaintiff asserted he had no idea where the Thirty Thousand . ~ ~'Fairweather, ($30,000) Dollars was to be raised; at this time Mrs. Prudence , a friend of Mittermayer who had been at these '----- :: negotiations, told all present that Claus Mittermayer did not . ,appear to be mentally or physically sound enough to sign the : Suffolk Document and further that it'should be signed the next day. 72. Claus Mittermayer was told that Defendant John Kanas 'and Defendant Halpin had already been informed that, "'this is a done de""l; and that the D~fendal1t' s ,Documept, 'must 'bes;;'qllcd b~f;Jl.'e' Claus Mittermayer leaves this building." -23- . 't".,., .... 73. Plaintiff executed - the docur"eat prepared by Defendant County at approximately midnight. 74. The remainder of the night was spent in acquiring the required Thirty Thousand ($30,000) Dollars which was accomplished. Arrangements had been made, in Connecticut, for the money, a check, was obtained and Mittermayer then went at 8:30 a.m. to the law offices of wickham, wickham and Bressler. Abigail Wickham, NFBT's lawyer, arrived at the office at 9:15 a.m. and then ;1 :i proceeded to object to the check and demanded that the $30,000 be :; accompanied by a wire transfer of the funds, which was done. it Abigail Wickham then presented a document for execution by 'i Plaintiff agreeing that the Thirty Thousand ($30,000) Dollars was " not to b~ a credit against the indebtedness, but a fee for the :i adjournment. since the sale was set for 10:30 a.m., said Thirty i! 'i Thousand ($30,000) release document was executed by Plaintiff. I. . 11 Abigail Wickham required Claus Mittermayer to produce appropriate i identification, although she knew Mittermayer, personally, for many , . ., i years before. 75. Said Abigail Wickham left the office for the :1 Courthouse and at 10:25 a.m. was notified that the $30,000 wire . transfer was completed. The foreclosure sale"scheduled for 10:30 :; a.m. was then called off and adjourned to July 6, 1989. :i !I 76. All of the foregoing acts of the Defendants were :! part of an unlawful and wrongful plan, scheme or design whereby ""'. id DAfendants acl:Lnq i,-. c;:,nce.ct with '!3.ch other, did wrongfully ! and unlawfully hinder, harass, impede, and interfere with the -24- ...'.~.. r Plaintiff's right to engage in Its business of marketing and managing its real properties according to applicable law, thereby unlawfully depriving the Plaintiff of its civil rights. 77. All of the foregoing acts set forth in the Complaint at paragraphs "49" to "76", both inclusive, were committed by the Defendants under color of state law and pursuant to a common ;design,plan, or scheme of the Defendants to deprive the Plaintiff 'of its right to lawfully engage in its business of marketing and :; jrmanaging its real properties. said acts of the Defendants had for " '; their intent and purpose the deprivation. of Plaintiff's civil !rights guaranteed by the Constitution of the United States and the ~!Fourteenth Amendment thereto. ; " :! 78. said wrongful and unlawful conduct of the Defendants " . il in depriving the Plaintiff of its civil right to engage in its I! lawful business has caused the Plaintiff to sustain damages in the II sum of Two Hundred Million ($200,,000,000) Dollars in that the ,I ,. :;Plaintiff was forced to file a petition in Bankruptcy to preserve " ;: its assets and discharge its financial obligations, to l.ncur ! . .! " eno=ous litigation expense, to forego lucrative business i: ;lopportunities and to endure the stigma of impaired financial standing. 79. With respect to the non-municipal Defendants, "Plaintiff demands judgment awarding not only compensatory damages .as set forth above but also punitive damages in such amount as to make d.l~1 example of said Defenuc::.nts a.:1U to deter others f~ol1: ~i::1il?r -25- .~'\--::' I ...!.. '. conduct in the future of not less than Two Hundred ~illion ($200,000,000) Dollars. 80. Plaintiff further demands judgment for its attorney fees and costs incurred in prosecuting this action. WHEREFORE, Plaintiff respectfully requests a jUdgment against the above-named Defendants as follows: 1. Upon the First Cause of Action in this Complaint, 'compensatory damages in the amount of ~NO Hundred Million :1($200,000,000) Dollars against each of the Defendants jointly and ! . i severally; " !i i j 2. Upon the Second Cause of Action in this Complaint, j! ., [(compensatory damages in the amount of Two Hundred Million [i ($200,000,000) Dollars against each of the Defendants, jointly and ., :1 i i severally; ![ I' ! I 3. Upon the Third Cause of Action in this Complaint, j' ilcompensatory damages in the amount. of Two Hundred Million i 1 --:-- :1($200,000,000) Dollars against each of the. Defendants jointly and >I :severally and also punitive damages against the non-municipal i , i ; . i ; !Defendants in such amount as to make an example of said Defendants, land to deter others from similar conduct in the future of not less ,1 r :[than Two Hundred'Million ($200,000,000) Dollars; together with ;j -26- . - . ,. H .i II " II " ii !i i/ 'I ! . , I , I i ; , I II :1 II '; :1 i ~ Ii " , " " Dated: ,; 11844._ L 4. Such'other relief as the Court deems just. Mineola, New York October 16, 1991 MELTZER, LIPPE, GOLDSTEIN AND ll)'jO F, P;C. By:.!/' i,;'1/;4A1~ ID No: 9863 V'" ~torneys for Plaintiff 190 Willis Avenue Mineola, New York 11501 (516) 747-0300 . I' , ! . -27-