Village of Atlantic Beach being sued

Animosity between the Libbey family, of Atlantic Beach, and village officials has spawned a legal action filed on May 6 in U.S. Eastern District Court by Alberta Libbey, Victoria Libbey Simao, Richard Libbey and Pamela Makaea that names the village, its Board of Trustees, Mayor Stephen Mahler, Building Inspector Steven Cherson, R&W Engineers and Michael Williams as defendants.

The Libbeys allege that they have been harassed with fines and a structure on their property was demolished without their authorization. The suit, seeks compensatory and punitive damages totaling $10 million. The civil rights action claims that the village violated the family’s constitutional rights of free speech and illegally demolished the mixed-used building at 2035 Park Ave., the Libbeys used as an office for their real estate business.

The Libbeys have been vocal opponents of the village administration headed by Mahler. In 2006, Simao, Richard Libbey’s sister, opposed Mahler for mayor. She lost. “The critical point to be made here is government officials cannot use government to injure their political enemies,” said Frank Scaturro, the Libbey’s attorney.

In 2010, the Libbeys received a total of 22 village summons, according to Richard Libbey. They were found guilty on a majority of them, Libbey said. The suit also seeks to halt further prosecution of Alberta Libbey, Richard and Victoria’s mother, the listed owner of the Park Avenue building, for an alleged illegal political signs posted by Richard. A May 22 village hearing concerning the political sign violation was adjourned until July 17.

In 2011, the village hired Bay Shore-based R&W Engineers to examine the Park Avenue building. R&W found the building in severe disrepair and it was considered unsafe based on information provided by Williams’ in a letter to the village dated July 29, 2011.

It is R&W’s professional opinion that the conditions outlined pose an overall imminent danger to the safety of both the public and occupants,” Michael Williams, a company vice president, wrote. The building was razed in December 2011.

A May 20 court date for the suit was rescheduled until June 27. Until any decisions are made, the village cannot further prosecute Alberta Libbey regarding the political sign violation nor act on selling the land, Scaturro said.

Robert Hewitt, a Mineola-based attorney, who is part of the legal team representing the defendants, issued a brief statement. “[We have] no comment at this time,” he said. “The matter is in litigation.”