WHB Officials Hire Outside Council to Handle Eruv Suit

At Thursday night’s Westhampton Beach Village Board of Trustees meeting, village officials unanimously voted to hire special counsel to handle two lawsuits that have been filed against the village regarding a controversial proposal to install an eruv boundary around parts of Westhampton Beach and Quogue Villages, and Southampton Town.

On Jan. 13, the filed a million dollar lawsuit in the Federal US Eastern District Court against all three municipalities claiming that their constitutional rights have been violated in their effort to create a symbolic eruv boundary.

On the heals of their suit, the filed a separate matter against the municipalities. Their join suit asks for clarification as to who has ownership over their poles.

As previously reported, the EEEA obtained approval from LIPA and Verizon to install thin wires, called lichis on poles that would mark an eruv boundary, which would allow Torah-observant, Orthodox Jews to engage in tasks otherwise not allowed on the Sabbath.

However, the municipalities put the brakes on the project after getting word that Verizon and LIPA gave their respective approvals. The municipalities claim that the poles are within their right-of-way and anything put on them is subject to town approval.

To handle the lawsuit against the Village of Westhampton Beach, village officials hired Anthony B. Tohill, Esq of Riverhead at a rate of $225 an hour.

Westhampton Beach Village Attorney Richard Haefeli, told village officials that the town is covered by it’s insurance to cover the costs of the case and that individuals trustees, who were also named in the case are covered, as well.  However, he urged each of those named to obtain separate lawyers in order to be “fully protected.”

Westhampton Beach's move to hire outside council comes just after the Village of Quogue hired legal specialists to handle the suits filed against it.  Officials hired Marci Hamilton as special council and Jeltje DeJong from Devitt, Spellman, Barrott, of Smithtown.

The Southampton Town Attorney was unavailable as of press time.