Cyril’s, Town Hold Fire

“The Town of East Hampton v. Clan-Fitz, et al.,” East Hampton Town Justice Steven Tekulsky said Monday morning, calling the attorneys for both the town and Cyril’s Fish House to the floor in court once again. The legal battle has been raging between the two for years, in both local and state court. But, in keeping with the holiday sentiment, there was an air of peace between the two on Monday.

Dianne K. LeVerrier, an attorney for Michael Dioguardi, the head of the ownership team, faced off yet again with Joseph Prokop, an attorney for the town. Besides the current lawsuit at the town level, citing numerous zoning infractions, the two are locked in a legal battle before State Supreme Court Justice Joseph Farneti, over many of the same issues: which part of the Cyril’s improvements pre-exist the town zoning code and which do not.

The key date is 1984. In an October decision on the town’s motion for an injunction against the business, Justice Farneti found that the bar on the roadside “is an impermissible expansion of a pre-existing, non-conforming use.”

While he denied the town’s motion, he also criticized the owners for not seeking the permits and variances needed for the business to stay in operation.

All that is past, Ms. LeVerrier indicated to the court Monday. The owners have presented the town with a site plan, which was discussed by the East Hampton Town Planning Board on Dec. 17. The board, in turn, sent a memo to Ms. LeVerrier last Thursday, stating that it “needs a determination from the Building Department before proceeding with the application.” Such a determination would tell all sides what on the site exactly needed variances from the town’s zoning board of appeals.

Ms. LeVerrier told Justice Tekulsky that the owners were adhering to Justice Farneti’s ruling, saying, for example, that the front bar was going to be removed.

“I am not placing blame,” Justice Tekulsky said, asking Mr. Prokop how he wanted to proceed. “As long as there is a diligent process in place,” he said, the town would hold off on the prosecution of the case.

The two sides will be back in court on Jan. 12, to see how much progress has been made.