Former Trustee: 'The Most Expensive Ice Cream in the Hamptons'

Holding up a photo of a 6-foot tall ice cream cone sculpture, which has been the subject of an ongoing lawsuit in Westhampton Beach, former Westhampton Beach Trustee Joan Levan declared it is "the most expensive ice cream cone in the Hamptons."

Levan was standing before the village board Thursday night arguing that the village board has spent more than $18,000 in lawyer fees to recoup a $750 ticket for a sign ordinance violation that was issued to Shock Ice Cream owner Elyse Richman three years ago when she displayed the cone for a child's birthday party.

Richaman, who challenged the ticket, has maintained that the cone, which has since been stolen, is not a sign and was just a decoration.

"Maybe it is time to stop," said Levan, calling the lawsuit a "waste of taypayer's money." 

While board members, including Patricia DiBenedetto and Hank Tucker agreed the money spent is a lot, there is a good reason for it. 

Tucker explained that after two years in court, Westhampton Beach Judge  J. Lee Snead tossed out the violation and village board members were advised that the judge's ruling was not based on fact and that it should be challenged. 

Then, last May, the village board voted unanimously to hire Herman Bishop as a special attorney to appeal Snead's decision at a rate of $190 an hour.

No cap was placed on the services.

"If we just let ordinances be violated than what is the sense of having a village code?" Tucker said. "I agree it is excessive and I am not happy about it, but we had a meeting with the attorney and are assured that no more money needs to be spent."

Village attorney Richard Haefeli clarified further saying that the judge's original decision, if left without an appeal, "would severely impact the village's ability to enforce the codes."

He said, "Even if costly we had to do it otherwise there would be chaos on Main Street and the building inspector can't enforce the codes."

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