Aquifer Lawsuit Continues

Alexander Peters of Amagansett, who owns 3.5 acres of vacant land atop the Stony Hill aquifer there and wants to sell the parcel to the Town of East Hampton but has been stymied by a 20-year-old deed giving others a right of first refusal, said this week that a recent development may support his cause.

In 1992 and 1997, Richard J. Smolian sold Mr. Peters two vacant lots on LaForet Lane, which, together with a third lot at 82 Stony Hill Road, make up the land he wants to sell. The deeds of sale, however, included a provision that should an offer be made for those two lots then Mr. Smolian, along with Randy Smolian, his former wife; Darielle Smolian, his daughter, and Jonathan Smolian, his son, could buy them back for the same price if they so chose, provided the family retained its ownership of an adjacent lot.

Mr. Peters, president of the advocacy group Amagansett Springs Aquifer Protection, sued in State Supreme Court in December for summary judgment, asserting among other things that Randy, Jonathan, and Darielle Smolian are “strangers,” or not parties, to the deeds. If a judge agrees, that would nullify their claim to right of first refusal.

Richard Smolian waived his own claim some time ago, but stated that his family members had refused. Jonathan Smolian has now enlisted partners with whom he would develop the property.

Mr. Peters offered Jonathan a settlement of $100,000, which was declined. “The loss to me and my partners would be far too substantial to decline the purchase,” Jonathan Smolian wrote in an email to an intermediary.

Last June, the East Hampton Town Board appropriated $3.6 million, a figure that is below the land’s market value, to buy the land, using money from the community preservation fund. The lots in question are part of a Long Island Special Groundwater Protection Area and of the town’s own Water Recharge Overlay District.

On April 6, Mr. Smolian, who like Mr. Peters wants to see the land preserved, signed an affidavit formally waiving his right of first refusal. “He went out of his way to reaffirm that,” said Anthony Pasca, Mr. Peters’s attorney. “To the extent he’s taking sides, it’s a significant statement.”

The affidavit has been submitted to the court.

“Dick is basically asserting the understanding that he and I have had for a quarter-century,” Mr. Peters said on Monday. “He has just come out confirming everything that we have alleged. All I want to do here is the right thing: sell to the town, as everyone in these watershed areas should. That’s what we need to do as citizens of the Town of East Hampton. No more house lots here if you want to drink clean water.”

According to Mr. Peters’s lawsuit, the town’s purchase would stipulate that public use and enjoyment be allowed on the land and wildlife habitat maintained. Even if the Smolians can legally exercise their right of first refusal, the suit contends, they would be compelled to match those conditions and limitations.

Jonathan Smolian did not reply to a telephone call and email seeking comment.