THURSDAY, JU N i 23, 1955 THE LONG ISLAND TRAVELER— MATTITUCK WATCHMAN PAGE NINE

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Huntinsrton Town Tests Legality of Special Act

Huntington Town ana two of its in- oorpora/ted villages squared off Monday a t Riverhead In the first round of a legal battle th a t may be fought all the way to the U. S. Supreme Court. The red-hot issue in the contest is the con­stitutionality of a special act of the 1965 State Legislature granting the town the right to open and operate public beaches within the village limits of Lloyd Harbor and Huntington Bay.

Making common cause of Lloyd Har­bor’s opposition to the proposed West Neck beach and Huntington Bay’s un­willingness to have the old Crescent Club beach converted to public use, the two municipalities asked Supreme Court Justice Charles S. Colden to en­join the town from proceeding with its development program pending trial of their action for a permanent Injunc­tion. Decision was reserved, with the court indicating th a t a ruling will be forthcoming before the end of the month.

Members of two leading New York City law firms argued the case pro and con Monday. Jackson A. Dykman of Cullen & Dykman, 177 Montague St., Brooklyn, appeared for the plaintiffs, while Hazzard Gillespie of David, Polk, Wasrdwell, Sunderland & Kiendl, IS Broad St., M anhattan, spoke lor the town. Also a t the counsel table was Huntington Town Attorney George M. Blaesi while Supervisor Joseph W. Cer- mak and other town officials were in the courtroom audience.

The special enabling act, which be­came Chapter 840 of the Laws of 1955 on April 29, was assailed by Dykman on th e ground th a t it violates provisions of the constitutions of both the State of New York and the United States of America. He contended th a t because It overrides other general and local laws and regulations, it is contrary to the state constitutional powers granted incorporated villages and would also deny the municipalities and their in ­habitants the equal protection of the laws of the state. In effect, it would

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amend the charters of the two villages, he declared.

Dykman also maintained tha t the special act would deprive the villages and their residents of property without due process of law In violation of the U. S. constitution.

Gillespie retorted with the charge th a t the highly restrictive zoning or­dinances of Lloyd Harbor and Hunt­ington Bay are unconstitutional “inso­far as they prohibit or attempt to pro­hibit the use by the defendant of the lands owned by it for public purposes

'pursuant to the Town Law.” I t is the town and the taxpayers of the town tha t are being deprived of their prop­erty without due process of law in vio­lation of the federal constitution, he declared.

I From the ratified strata of constitu­tional interpretation, the opposing counsel descended to such mundane issues as policing, traffic control, and real estate values.

In a supporting affidavit submitted to the court. Mayor Nevil Ford of Lloyd

I Harbor complained th a t the West Neck resort, locally known as Fusaro’s beach, would be “a blight on the village.” He said it would result in congested traf­fic on West Neck Road and multiply the village’s policing problems. Mayor Russell P. Potter of Huntington Bay in a second affidavit contended th a t opening the Crescent Club beach to the general public would seriously affect property values in his 300-acre munici­pality.

I In a written statem ent to the court, 'E lias C. Patterson of the real estate firm of Pease & EUiman, Inc., 660 Mad­ison Avenue, M anhattan, gave it as his opinion th a t the beaches would depre­ciate the market value of “ad)olning

j and adjacent properties” by as much as 50 per cent. Patterson is considered an outstanding authority on North Shore “gold coast” real estate; it was he who sold Marshall Field some 1,000 acres on Lloyd Neck in 1919, and he also han­dled the deals which first brought the Brooklyn Crescent Club to Huntington.

I t was pointed out th a t both the Huntington Bay zoning code, which dates back to 1935, and Lloyd Harbor’s zoning regulations, adopted in 1936 and revised In 1950, specifically prohibit the opening of public beaches within their territories.

The Huntington Town Board, which a t a special meeting Saturday appro­priated $55,500 for the development of West Neck beach and $22,250 for the Crescent beach, countered with Super­visor Cermak’s sworn statem ent that these areas are essential to the well­being of the town’s 80,000 inhabitants. At present, Cermak declared, they have the use of five small town beaches with accommodations for only 2,600 people.

In h i s affidavit, Oermak pointed out I tha t the town seeks only 3,600 lineal 'feet of beachfront, while the two vil­lages have 20 miles of beachlands. He said existing village zoning laws would “permanently remove from the public use” 25 of the town’s 46 miles of

I beaches.I The proposed bathing resorts, Cer­mak stated, would operate only during daylight hours, under proper police su-

'pervision and without refreshment or other business concessions.

I Adjoining the West Neck beach on the north, the supervisor said, is the Lloyd Neck Bath Club with kitchen and cafeteria facilities. "If this private beach faculty meets the requirements

' of the zoning authorities of Lloyd Har- |bor village, it must be th a t the only reason for the village seeking to prevent the establishment of a beach by the town is the fact th a t it will be avail­able to members of the general public rather than selected individuals, Cer­mak added.

' The supervisor deplored the litiga­tion, recalling th a t the town authori­ties had made every effort to reach an amicable settlement with officials of the two villages.

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Orient G arden Club Sponsors Rose Show

I The rose show of the Orient Garden I Club on June 18th was so successful tha t it was held open for a second day, on Sunday, June 19th. There were 164 entries and more than 200 people at-

I tended, including residents of East Marion, Greenport, Southold and Mat-

' tituck.' In the horticulture class the popular vote awarded first prize to Mr. George Hallock, Sr. for a Peace Rose, second to Mr. Hallock for a New Yorker Rose, and third to Mr. Chester Mayer for a

’spray of Vogue Roses.{ In the arrangement or bouquet sec­tion M^s. Louis Tuthill’s arrangement

'o f Dr. Van Fleet Roses and blue Bap- tisia won the highest number of votes. Mrs. Kenneth Tabor and Mrs. Win- throp Kellogg tied for second place,

' the firat with an arrangement of Vogue Rose and mock orange, and the latter

I with Gardenia Roses in an old fash­ioned cracker jar.

I A large centerpiece In a brass jar­diniere made by Mrs. Edgar Brown and Miss Llppincott of Mary Wallace Roses and honeysuckle, placed In the middle of the hall, aroused great admiration.

I Contributions to the Wayside Plant­ing Project were generous and will be most helpful in Its work. The Garden Club hopes to hold two more informal seasonal shows later in the summer.

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M urder M ystery a t Greenport Is Solved

The mystery of the disappearance of Mrs. Juanita Shepard, 38-year-old hos­pital waitress, was solved last ’Thursday a t 1 P.M. with the discovery of her body, weighted down with two heavy blocks of concrete, In Sterling Creek a t Greenport.

’Thirty-six hours later, the mystery of her death was cleared up by the ad­mission of Llnwood Parson, 43-year- old oyster boat crewman, that he killed the woman after they had quarreled bitterly over the attentions paid her by another man.

Mrs. Shepard, daughter of a minister and mother of a 15-year-61d son, dropped out of sight on the night of June 8. Greenport Police put out a missing person alarm and kept Parson, her boy friend and boarder, under close surveillance. He became the principal suspect after her body was found in six feet of water off a dock at the foot of Central Avenue.

Following hours of Intensive ques­tioning by the village police, district

I attorney’s investigators and State Police BCI operatives. Parson signed a confession Saturday a t 2 A.M. adm it­ting that he “inflicted the injuries” which caused her death. Charged with first-degree manslaughter, he waived examination before Police Judge Irving L. Price, Jr. and was committed to the

' county Jail to await grand jury action.I Mrs. Shepard and Parson had visited a tavern shortly before her disappear­ance. When Parson became angry be­cause another man offered her a drink, she insisted that they return to her home a t 314 Johnston Court. Her son, Arthur, heard them arguing loudly In Parson’s car parked in front of the. house before he dropped off to sleep.

Later, when It developed that Mrs. Shepard was missing. Parson told po­lice tha t she demanded th a t they re­turn to the tavern, and when he re­fused, walked off alone down the street. He said he went Into the house and went to bed. Early the next morning he shipped on the Oyster boat “Sea Coast” to New Haven, Conn.

Pohce launched an Investigation af­ter It had been determined th a t none of Mrs. Shepard’s rela/tives or friends had seen her or knew of her where­abouts. Employed a t the Eastern Long Island Hospital the past four years, she disappeared wearing her striped uni­form, leaviag behind all her other clothing and her glasses.

*The body was still clothed in the hospital uniform when it was sighted by Capt. Edwin Granger, skipper of the “Sea Coast”, Thursday afternoon. Par­son was on board a t the time, police said later. ’The body was anchored by concrete buoy stones, used by oyster- men to secure the stakes tha t mark the oyster beds, ’The 150-pound weights

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were roped to the neck and feet of the victim. ; I

An autopsy conducted a t the Horton Funeral Home by Dr. Frederick Wein­berg, Central Islip State Hospital path- oogist, by order of Coroner J. Mott Heath revealed th a t the woman had been severely beaten about the head. While the blows did not fracture her skull, they caused brain hemorrhages which affected her pulmonary system and resulted in death. I t was deter­mined that she was dead before she was dumped into the water.’

Where end how the fatal beating was Inflicted were not disclosed, but it was reported th a t Parson, a powerful man with work-hardened hands, told the authorities that he hit her with his fists and did not intend to kill her.

Mrs. Shepard was a daughter of the late Rev. James Newkirk, who was pas­tor of the Shiloh Baptist Church at Southold for a number of years. In i addition to her son. she is survived by her estranged husband, Arthur, who lives in Patchogue; a sister, Mrs. An- nabell LaBad of 626 ’Third Street, Greenport, and a brother, Samuel New­kirk of Lawrence, L. I.

Funeral services were held Saturday a t 2 P.M. from the Clinton Memorial Church in Greenport, with interment in Sterling Cemetery.

Chief Assistant District Attorney Henry Tasker and Greenport Police Chief Joseph B. Smith were in charge of the Investigation which led to Par­son’s arrest. Others working on the case included Chief Investigator A. Russell Richards, Zone Chief Investi­gator Daniel R. G rattan and Investi­gator William Lindsay of the district attorney’s office, and ’Trooper Larry Lamtoecht of the BCI.

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