Court Denies Sand Land's Request To Appeal Decision That It Must Discontinue Mulching

The State Supreme Court Appellate Division last week denied an appeal to re-argue a ruling that Sand Land does not have the right to continue to operate a mulching facility at a sand mine in Noyac.

The 2012 ruling by the Southampton Town Zoning Board of Appeals had ultimately determined that Wainscott Sand and Gravel, the owners of the mine known as Sand Land, could not continue mulching operations at the site. In 2014, however, a State Supreme Court justice aned the ZBA’s decision and reinstated a certificate of occupancy for Sand Land, saying that it could resume mulching operations. That decision was overturned in April of this year by the Appellate Division.

According to the appellate court’s most recent ruling, dated June 9, Sand Land’s owners had asked to re-argue the Appellate Division’s decision from earlier this year, and sought permission to appeal that decision to the State Court of Appeals. The court rejected that request.

On Tuesday, David Eagan of East Hampton-based Eagan & Matthews PLLC, Sand Land’s attorney, said that although his client is disappointed, Sand Land will continue to try to seek leave from the Appellate Division to file an appeal with the State Court of Appeals.

“In addition, we again emphasize that the Appellate Division’s decision—that the processing and sale of topsoil and mulch were not separate pre-existing, nonconforming business—is not finally determinative of the complex issue of what activities may be conducted at a legally permitted sand mine,” he said. “Those issue remain unresolved.”

Since the Appellate Division’s ruling this year, Southampton Town has attempted several times to obtain a temporary restraining order against Sand Land, arguing that it has continued to process material into topsoil and mulch, and sell it to the public, which is technically prohibited now. The request has been denied twice.