Supe on STR suit: ‘Sign of newly arrived divisiveness’
Supervisor Jim Dougherty announced at the August 25 Town Board meeting that the town has sent a lawsuit over its short-term-rental (STR) legislation to its municipal insurer for review. The suit had been served on the town two days before.
The STR law was enacted by the Town board in April by a 4-1 vote, with Mr. Dougherty casting the lone “no” vote. After mentioning that the town had been served, Mr. Dougherty noted, “I said this was a sad day for Shelter Island. August 23 was also a sad day for Shelter Island, in my opinion, because whatever the merits of this matter on either side, it’s a further sign of newly arrived divisiveness.”
The STR issue was the subject of contentious debate on the Island for more than a year, with shouting matches pitting resident against resident at public meetings and accusations of inappropriate conduct lodged against board members on an almost weekly basis.
After the meeting, Mr. Dougherty referred questions to Town Attorney Laury Dowd, who responded via email to a question from the Reporter asking if the insurer, Albany-based New York Municipal Insurance Reciprocal (NYMIR), would pay for outside counsel and potential damages.
Ms. Dowd wrote: “We will find out when they’ve had a chance to review it.”
The STR law applies to residential properties where the owner is absent during a rental and requires owners to register their properties with the town; enacts a limit of one rental per 14-day period; and imposes fines on those who fail to comply.
The lawsuit, filed in federal court in Islip by two full-time and four part-time Shelter Island residents, accuses the town and the board of violating their rights under federal, state and local laws, including the right to equal protection, due process, fundamental property rights and the town’s zoning regulations.
The plaintiffs ask for “a preliminary and permanent injunction” from enforcement of the STR law and a “declaration that the STR law is a violation of Plaintiffs’ rights under the constitutions of the United States and the State of New York.”
In addition, the suit asks for “attorneys’ fees, expert fees” and other unnamed expenses, as well as “such other relief as this Court deems just and appropriate.”
