East Hampton Town and billionaire investor Marc Rowan are back to square one in their legal battle over Duryea's Lobster Deck in Montauk after a New York State Supreme Court judge vacated a 2019 settlement. Rowan, co-founder of private equity firm Apollo Global Management, purchased the wholesale and retail fish market and eatery in 2014. The town has been fighting for seven years to nullify the original settlement, with Supervisor Kathee Burke-Gonzalez stating that the decision confirms their stance against wealthy individuals bypassing local laws.
The now-vacated 2019 settlement would have required Rowan to apply to the planning board for restaurant use, legalizing table service, and install an innovative/alternative septic system. He also agreed not to allow cruise ships or ferry services and to donate property at 120 Tuthill Point Road, along with parts of Tuthill Pond, to the town or an environmental organization. The judge's decision mandates that the status quo be maintained pending further court determinations.
This dispute has been ongoing since Rowan's purchase, which transformed the local "mom-and-pop" business and led to increased food prices and concerns from neighbors about traffic, pollution, and environmental damage. Michael Walsh, an attorney for Rowan, acknowledged the judge's decision and expressed a desire to move forward amicably with the town, while also stating preparedness for further litigation if necessary. Meanwhile, outside counsel for East Hampton Town recently requested the court to hold Duryea's corporate ownership in contempt for allegedly converting a limited outdoor food service establishment into a full-blown restaurant and event space, as evidenced by Instagram posts.
