Representative Nick LaLota released a statement supporting the Shinnecock’s right to develop their land without addressing the complications around Westwoods. He states that the courts “affirm that most state and local zoning rules do not apply to federally recognized tribal land.”
Nice, but this statement does not actually apply to Westwoods.
The facts are not that complicated, but they are confused all the time, and not only by Rep. LaLota.
Westwoods was determined to be subject to Town of Southampton zoning by a federal court in 2007, which, after a lengthy trial, ruled that “the evidence overwhelmingly demonstrated in a plain and unambiguous manner that aboriginal title held by the Shinnecock Indian Nation to the Westwoods land was extinguished in the 17th century” (New York v Shinnecock Indian Nation, 523 F Supp 2d 185, 196 [ED NY 2007]).
Vacated on technical grounds, the question of Westwoods zoning was never definitively answered by a court of law. The town is therefore required to get that answer and has gone to court to do so.
The court determined earlier this year that zoning most likely applies and issued a temporary injunction against further development on Westwoods.
The town is doing what it must to get the answer. It is not a question that you, me, the Town Board — or Representative LaLota — can decide.
Diana Adams
Hampton Bays