Westhampton Beach To Challenge Ice Cream Sculpture Ruling

The village retained an attorney to dispute a judge's decision to dismiss the case.

Just two weeks after Westhampton Beach Judge  J. Lee Snead tossed out a violation against owner Elyse Richman for placing a 6-foot ice cream cone sculpture on her property, the village board retained an attorney to fight the ruling.

At its May 3 meeting, village officials unanimously voted to retain former village attorney Herman Bishop as a special attorney to appeal Snead's decision at a rate of $190 an hour.

"The judge dismissed the case because he said it  was costing the village too much money," said Westhampton Beach Mayor Contrad Teller. "We are appealing that the case be tried."

Richman, who thought the ordeal was over, said the sculpture in question has been long gone — stolen the same day she received a $750 summons for placing it outside her store to welcome guests to a children's birthday party.

Richman, who was cited under the village's sign ordinance nearly two years ago, has maintained that the sculpture is not a sign as was simply a decoration.

Erica Jackson (Editor) May 04, 2012 at 04:57 PM
Maria Zetes Moore said via Facebook, "Am I reading this correctly? The Village is paying attorney Bishop to pursue an appeal of the judge's decision to dismissing the violation it issued against the owner of Shock Ice Cream for placing a sculpture of an ice cream cone on her store's property, which sculpture was stolen 2 years ago and is no longer on the property?!"
HB Resident May 04, 2012 at 06:05 PM
Yet another example of wasteful spending. God forbid that the owner wasn't lying, and it was just a decoration.
Irina Richardson May 05, 2012 at 12:20 PM
I would say that there may be more going on here than meets the eye.
MICHAEL JACOBS May 05, 2012 at 02:37 PM
I am a taxpayer in the Village and have a serious problem with our tax dollars spent in this way. Even if it was a violation at the time it occurred the condition no longer exists and one would expect that the offender has learned her lesson. ..although that's never a given with Elyse. Village Board--be careful what you wish for.
Janet Romanelli-Elias May 06, 2012 at 01:03 AM
As a teacher I recommend that the Village Board Look up the definition of what a sculpture is and stop wasting the taxpayers money. They should reimburse Ms. Richman for her wasted time in fighting this case. sculp·ture Noun: The art of making two- or three-dimensional representative or abstract forms, esp. by carving stone or wood or by casting metal or plaster. Verb: Make or represent (a form) by carving, casting, or other shaping techniques.


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