Hamptons village couple's lawsuit to halt pickleball courts dismissed by judge
Mischa Retman of East Hampton practices on newly renovated tennis courts at Herrick Park in East Hampton on Thursday. Credit: Gordon M. Grant
A Suffolk judge dismissed a lawsuit filed by an East Hampton Village couple who argued that the “astonishingly noisy” game of pickleball has no place in a village park.
Suffolk County Supreme Court Judge Joseph Santorelli’s July 17 decision said the lawsuit had become “moot” since East Hampton Village had already eliminated pickleball plans at Herrick Park as part of a recently completed renovation.
Village administrator Marcos Baladrón called it a “frivolous” lawsuit, while the plaintiffs’ lawyer, Steven Altman, said the lawsuit proved effective by forcing the village to alter its plans.
Pickleball, which combines elements of tennis, badminton and Ping-Pong, has surged in popularity in the last decade. But the noise generated by the pop-pop-pop of a plastic pickleball striking a wood paddle has stirred resentment from some within earshot. Similar lawsuits have been filed across the country.
Mayor Jerry Larsen said the village has been sensitive to noise concerns and backed off a plan to re-stripe one of the tennis courts to double as a pickleball court.
“I’m really glad the judge saw through all the nonsense,” he said.
Barbara and Michael Bebon, whose backyard borders Herrick Park, filed the lawsuit to try to halt the construction of pickleball courts during the park's multiphase renovation.
"Mission accomplished, 100%," Altman said, adding that he believed the village scrapped pickleball plans as a result of the lawsuit.
"Going forward we're going to be watching them," he added.
At a July 31 village board meeting, Michael Bebon told board members he felt it was "unfortunate" that the back-and-forth between the village had become "adversarial."
"Can you imagine going in your backyard and not being able to be there because you hear the pounding of pickleball?" he said. "I don't hate pickleball. I want to be able to go in my backyard after I worked really hard all week and sit in my pool and relax."
The village recently unveiled a new softball field, tennis courts and other improvements as part of the construction funded by the nonprofit East Hampton Village Foundation.
Bebon told the board the renovated tennis courts "turned out really nice," but added that he was "not thrilled" how they were moved about 25 feet closer to his property, and also complained about lights from the tennis court shining onto his property.
"I think you have an obligation to me and my family to adjust the lights," he said.
The board discussed plans at the meeting to relocate basketball courts that were removed as part of the initial renovation.
The basketball courts, which had fallen into "complete disrepair," according to the mayor, had been adjacent to the Bebon property. The two new courts, under a preliminary plan announced last week, would be built on the opposite side of the park, parallel to Newtown Lane.
Bradford Billet, the chairman and CEO of the East Hampton Village Foundation, said at the meeting that the nonprofit will raise funds for the basketball courts.
Kathy Masterson, the director of athletics, physical education and health for the East Hampton School District, said students throughout the district use the park for physical education classes and recreation. She said the renovation has "been amazing for our kids" and added that the students are eager for basketball courts to return.
The board also held a public hearing at the July 31 meeting on a proposed law to amend village code related to the park as part of its "evolution as a cultural and recreational hub," according to the hearing notice.
Part of the proposed change would keep the park open an extra hour, until 11 p.m. Bebon objected to that timing and the mayor agreed it was too late.
The board plans to hold another hearing at its Aug. 18 meeting.
A Suffolk judge dismissed a lawsuit filed by an East Hampton Village couple who argued that the “astonishingly noisy” game of pickleball has no place in a village park.
Suffolk County Supreme Court Judge Joseph Santorelli’s July 17 decision said the lawsuit had become “moot” since East Hampton Village had already eliminated pickleball plans at Herrick Park as part of a recently completed renovation.
Village administrator Marcos Baladrón called it a “frivolous” lawsuit, while the plaintiffs’ lawyer, Steven Altman, said the lawsuit proved effective by forcing the village to alter its plans.
Pickleball, which combines elements of tennis, badminton and Ping-Pong, has surged in popularity in the last decade. But the noise generated by the pop-pop-pop of a plastic pickleball striking a wood paddle has stirred resentment from some within earshot. Similar lawsuits have been filed across the country.
Mayor Jerry Larsen said the village has been sensitive to noise concerns and backed off a plan to re-stripe one of the tennis courts to double as a pickleball court.
“I’m really glad the judge saw through all the nonsense,” he said.
Barbara and Michael Bebon, whose backyard borders Herrick Park, filed the lawsuit to try to halt the construction of pickleball courts during the park's multiphase renovation.
"Mission accomplished, 100%," Altman said, adding that he believed the village scrapped pickleball plans as a result of the lawsuit.
"Going forward we're going to be watching them," he added.
At a July 31 village board meeting, Michael Bebon told board members he felt it was "unfortunate" that the back-and-forth between the village had become "adversarial."
"Can you imagine going in your backyard and not being able to be there because you hear the pounding of pickleball?" he said. "I don't hate pickleball. I want to be able to go in my backyard after I worked really hard all week and sit in my pool and relax."
The village recently unveiled a new softball field, tennis courts and other improvements as part of the construction funded by the nonprofit East Hampton Village Foundation.
Bebon told the board the renovated tennis courts "turned out really nice," but added that he was "not thrilled" how they were moved about 25 feet closer to his property, and also complained about lights from the tennis court shining onto his property.
"I think you have an obligation to me and my family to adjust the lights," he said.
The board discussed plans at the meeting to relocate basketball courts that were removed as part of the initial renovation.
The basketball courts, which had fallen into "complete disrepair," according to the mayor, had been adjacent to the Bebon property. The two new courts, under a preliminary plan announced last week, would be built on the opposite side of the park, parallel to Newtown Lane.
Bradford Billet, the chairman and CEO of the East Hampton Village Foundation, said at the meeting that the nonprofit will raise funds for the basketball courts.
Kathy Masterson, the director of athletics, physical education and health for the East Hampton School District, said students throughout the district use the park for physical education classes and recreation. She said the renovation has "been amazing for our kids" and added that the students are eager for basketball courts to return.
The board also held a public hearing at the July 31 meeting on a proposed law to amend village code related to the park as part of its "evolution as a cultural and recreational hub," according to the hearing notice.
Part of the proposed change would keep the park open an extra hour, until 11 p.m. Bebon objected to that timing and the mayor agreed it was too late.
The board plans to hold another hearing at its Aug. 18 meeting.
Joe Werkmeister covers the towns of Southampton, East Hampton and Shelter Island. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.
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