Court Tosses Riverhead Challenge to Riverside Sewage Treatment Plant

A Suffolk County Supreme Court judge this week threw out a lawsuit filed by Riverhead Town seeking to halt Southampton Town’s plans to build a sewage treatment plant off Flanders Road in Riverside.

Justice Paul Hensley on Tuesday granted motions by Southampton to dismiss the case entirely — citing the fact that Riverhead Town officials had originally supported the creation of a sewer district and sewage treatment plant in Riverside and then opposed it, and that they failed to name Suffolk County as a party to the case even though their central objection to Southampton’s plans were that the Suffolk County jail, criminal court complex and county administrative offices in Riverside were not to be connected to the Southampton sewage treatment plant.

“On December 12, 2023, [Riverhead Town officials] offered that Southampton’s efforts to create a sewage treatment plant to protect the Peconic Estuary are to be lauded,” the judge pointed out, also making note that then Riverhead Town Supervisor Tim Hubbard said he was “in full support of Southampton building a new sewage treatment plant.”

But Riverhead raised objections to the proposal after the town had approved plans to proceed on the grounds that the town did not design the STP to be large enough to accommodate connecting the county jail and office buildings to the system. The county facilities are currently connected to Riverhead Town’s sewers and treatment plant and the town said that if it could shed that capacity it would be able to connect more future development going forward.

Southampton officials said that Riverhead had initially not wanted the county center to disconnect from its treatment facility and connect to the new one in Riverside because it did not want to lose the revenue from sewer district fees paid by the county.

“Petitioners have failed to name Suffolk County as a necessary party, even though Riverhead’s primary argument is that the county center should be connected to the Riverside Sewer District,” Hensley said. “The relief requested cannot be granted without input from Suffolk County.”

The Riverhead suit had also said that the revitalization of Riverside, of which the sewer system was a critical component, would put undue burdens on Riverhead Town — though the initial complaints cited hypothetical plans for redevelopment and new development anticipated in the revitalization effort that are far larger than what the town is now considering.

Southampton Town has proceeded with its design work on the sewer system and treatment plant despite the lawsuit, with officials expressing confidence that Southampton would prevail over the Riverhead challenge.

“In spite of the lawsuit I’ve maintained a positive working relationship with Supervisor [Timothy] Hubbard,” Southampton Town Supervisor Maria Moore said in a message on Wednesday. “But it’s good to have the litigation behind us as we each continue to address the concerns of our respective communities.”

Riverhead can still appeal the decision. Riverhead officials did not immediately respond to a request for comment.