Head of the Harbor sues Ward Melville Heritage Organization to force rebuild of bridge, dam
Residents of Head of the Harbor and Stony Brook gather at the site of the destroyed Harbor Road bridge and dam on Aug. 17, a year after the storm. Credit: Newsday/John Paraskevas
The Village of the Head of the Harbor on Tuesday launched a lawsuit aimed at forcing a Stony Brook nonprofit to restore a dam and bridge that have lain in ruins for more than a year since they were destroyed in a torrential rainstorm.
The suit, filed in State Supreme Court, asks a state judge to declare that the nonprofit Ward Melville Heritage Organization is the sole owner of the dam and a 100- to 200-foot section of Harbor Road in Stony Brook that collapsed in the Aug. 18-19, 2024, storm, causing a pond to drain out.
A dispute between the nonprofit, the Town of Brookhaven and Suffolk County over the property's ownership has blocked efforts to reconstruct the dam and road. Harbor Road provides a key link between Stony Brook, in the Town of Brookhaven, and Head of the Harbor, in the Town of Smithtown, village officials and residents have said.
The suit was filed after months of talks between Brookhaven, Suffolk, Head of the Harbor and nonprofit officials failed to resolve the dispute.
WHAT NEWSDAY FOUND
- A dispute between a nonprofit, Brookhaven Town and Suffolk County over ownership of a storm-wrecked dam and road has blocked efforts to reconstruct them for more than a year.
- On Tuesday, the Village of the Head of the Harbor launched a lawsuit aimed at forcing the nonprofit Ward Melville Heritage Organization to restore them.
- Brookhaven Supervisor Dan Panico said Tuesday he was "optimistic" a resolution could be imminent.
The lawsuit states that Ward Melville Heritage Organization "unreasonably refused" to rebuild the dam and Harbor Road even though the Federal Emergency Management Agency has earmarked funds for the project. Officials have said FEMA could cover up to 75% of the project's cost.
Repair estimates have ranged from $4.5 million to $10 million.
'Massive eyesore'
"[Harbor Road], once a gateway to the village, [is] now an ever-present and massive eyesore that defendant Ward Melville has refused to remediate," the village said in court papers. "The visual impact of the destruction of [Harbor Road] substantially interferes with [the village's] and its residents’ use and enjoyment of their properties."
A statement from Head of the Harbor Village Hall issued Tuesday said the village is asking the court to order Ward Melville Heritage Organization "as the owner, to immediately repair the dam, and to clear the pond of debris."
Village Mayor Michael Utevsky said in the statement the village's residents in its eastern half "have been deprived of a primary access road to services in Stony Brook and neighboring villages."
Utevsky also noted that emergency vehicle access to village residents has been disrupted, "which results in substantial delays in critical services, including ambulances, fire trucks and police vehicles."
"We have worked tirelessly for many months to persuade WMHO and various government entities to work together to restore the road, but without success," Utevsky said. "The parties seem as far apart ever, and we believe we have no choice except to bring this lawsuit. We need the dam and road rebuilt now.”
Ward Melville Heritage Organization president Gloria Rocchio said Tuesday the nonprofit “filled out the applicable application in 2024 and we’re waiting for some direction from FEMA.”
She added the nonprofit's attorneys have been trying to set up meetings in recent days with village, town and county officials “and we have not heard back.”
'Optimistic' of a resolution
Brookhaven Supervisor Dan Panico said Tuesday he was "optimistic" a resolution could be imminent, adding he had spoken earlier in the day with Gov. Kathy Hochul's office about resolving the disagreement.
“It’s to be expected," he said of the lawsuit. "I’ve spoken to the attorney from Head of the Harbor, and I believe right now everyone is optimistic that a resolution will soon be at hand.”
The town is listed in court papers as a "nominal defendant" because the legal action "may impact the rights and obligations of the town," according to court papers.
Brookhaven, the county and the Ward Melville Heritage Organization had commissioned separate title searches that failed to settle the ownership dispute.
Ward Melville earlier this month proposed an arrangement calling for the town, county, nonprofit and other entities to share the costs of repairing the damage.
Brookhaven officials rejected the idea, saying taxpayers are not allowed to fund private-property repairs or improvements.
Suffolk County spokesman Michael Martino declined to comment.
Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.
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