On July 30, the Town filed a motion for judgment as a matter of law or for a new trial. The Town argued that no reasonable jury could have found in the plaintiffs’ favor due to the Town’s lack of control over the jetties and an inlet to Block Island Sound, the lack of evidence of intentional conduct on the Town’s part, the lack of evidence that the jetties were the proximate cause of plaintiffs’ damages or interfered with the plaintiffs’ use and enjoyment of their properties, the lack of evidence that the jetties were unreasonable, and the lack of evidence that the Town intentionally caused water to enter the plaintiffs’ properties. The Town’s memorandum of law in support of its motion noted that the plaintiffs’ expert “could not isolate interference by the Jetties from other factors that caused erosion on the western shoreline.” The Town also noted that the expert acknowledged that sea level rise was among the factors causing erosion but did not include sea level rise as a factor in his present. Briefing on the Town’s motion was to be completed by September 7, 2018.

Lawsuit by property owners seeking to hold Town of East Hampton liable for shoreline erosion.

Cangemi v. Town of East Hampton

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Cangemi v. Town of East Hampton - motion

Filed

United States of America

New York

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