STONY BROOK, NY; April 14th, 2026—The Ward Melville Heritage Organization (WMHO) announced today that the Suffolk County Supreme Court dismissed the lawsuit brought against WMHO by the Village of Head of the Harbor. The lawsuit arose out of the destruction of Harbor Road and the Stony Brook Mill Pond which were washed away by a horrific storm on August 19, 2024. President Biden declared this incident a major disaster on October 21, 2024, making FEMA aid a possibility. The lawsuit had asked the court to compel WMHO to apply for FEMA funds that were allegedly “earmarked” for restoring these structures, and to compel WMHO to make the repairs, claiming that by failing to do so, WMHO had created a nuisance actionable by the Village.
The court found that the Village lacked standing to make any of these claims; it had no right to compel a private owner, WMHO, to make repairs on its own property, none of which was within village limits. Asked about the court’s decision, attorney Linda Margolin, who was co-counsel representing WMHO in the Village’s lawsuit, said, “I am very pleased with the court’s decision, and I hope it will bring an end to the swirl of negative publicity that WMHO has endured about this disaster. I have been working with WMHO for almost a year on navigating the complex engineering, regulatory and practical issues that are involved in reconstructing the road and dam, and the lawsuit and its accusations were a distraction.” Dr. Rugen, WMHO Chairman, said, “We are pleased this lawsuit is behind us and look forward to having the pond, Grist Mill and road back for the community as soon as possible.”.
WMHO hopes that the end of this lawsuit will lead the Village to engage in a cooperative effort to see that the reconstruction takes place in a timely manner. In contrast to what the Village alleged in its lawsuit, WMHO had in fact requested FEMA aid but learned early this year that no such aid would be available to it for repairing these structures. In January 2025, WMHO began the process of obtaining and funding eight studies and the engineering that are needed for the reconstruction. Multiple state and federal agencies must approve the plans before any work can begin. WMHO has signed the contract for construction plans and permit applications. Once the plans and permits are complete, it will be turned over to the Town of Brookhaven for construction. Plans are expected to be completed within four to five months, with permit applications to follow.
###
A representative of the Town of Brookhaven presented the recent status of Harbor Rd. at a recent civic service meeting.