Southampton sues Shinnecock Nation to stop construction on a new travel plaza
The lawsuit, filed Friday, Dec. 20, accuses the Shinnecock Indian Nation of violating local zoning laws and creating a public nuisance.
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With work underway, Southampton town officials have sued the Shinnecock Indian Nation to stop constructing a future travel plaza.
The lawsuit, which was filed on State Supreme Court Friday, Dec. 20, accuses the Shinnecock Indian Nation of creating a public nuisance and violating local and state zoning laws.
"Failure to obtain the necessary approval or permitting regarding building and fire codes, property access, parking, lighting, drainage, public utilities, and noise impacts risks irreparable environmental and community harm," part of the lawsuit reads.
Leaders of the Shinnecock Nation have argued they do not need the town's permission to move forward with the project which they expect will bring back significant revenue.
According to the lawsuit, construction is underway on the 20-bay gas station, 56 parking lot 10-acre travel plaza. The project is expected to include a commercial kitchen, smoke shop, retail and "drive-thru" areas.
Read the full lawsuit below:
The town submitted pictures that show workers have already cleared a "significant portion of forested land" along Newtown Road adjacent to homes on Quail Run. Some of this completed or ongoing work includes paving, removing roads and installing gasoline tanks and steel columns.
Dana Jones lives on Quail Run and said work began in February and came within 30 feet of her backyard.
"They're basically having a level of defiance that is not working with anyone in the community," she said.
She said she's not opposed to the Shinnecock Nation moving forward with projects that are financially beneficial but said the lack of oversight is alarming.
"There's a whole load of impacts that need to be looked at and then decided upon in the best interest of everyone in the area," Jones said.
In August, the town issued a stop work order but construction never slowed.
Tela Troge, an attorney for the Shinnecock Nation told News 12 in a statement:
The Shinnecock Nation has held unbroken aboriginal title to Westwoods since time immemorial—or at least since the last ice age shaped Long Island. On December 13, 1640, the Town of Southampton signed “the first Indian deed,” which explicitly stated:
"Before the subscribing of this present writing it is agreed that ye Indians above named shall have liberty to breake up ground for their use to the westward of the creek aforementioned on the west side of Shinnecock plain."
That land, known today as Westwoods, remains a vital and protected part of Shinnecock territory.
The recent decision by three Southampton Town Board members—Maria Moore, William Pell, and Cindi McNamara—to file a lawsuit against the Shinnecock Nation is legally flawed and ethically questionable. The lawsuit appears to rely on the precedent set in City of Sherrill v. Oneida Indian Nation (2005), a Supreme Court case authored by Justice Ruth Bader Ginsburg. However, the circumstances surrounding Sherrill are markedly different. That case involved the Oneida Nation repurchasing lands on the open market that had been alienated from their territory, and its decision was grounded in the Doctrine of Discovery—a discredited papal doctrine repudiated by the Vatican in 2023. Notably, Ginsburg herself later expressed regret over the decision, reportedly calling it her greatest career regret.
Unlike the Sherrill case, Westwoods has never been taxed and has been officially designated in the records as a reservation by the State of New York for over a century, since tax records were first kept.
Adding to the controversy is the involvement of Councilman Bill Pell, who has previously been found by a court to have illegally trespassed and built a home on Shinnecock lands. His actions required a court order for removal, raising serious ethical concerns about his participation in this vote. Of all the board members, Pell should be acutely aware of the strength and legitimacy of the Shinnecock Nation’s land claims.
Despite the Town’s actions, the Shinnecock Nation remains steadfast and undeterred in its pursuit of justice. While confident that the matter will ultimately be resolved in its favor, members of the Nation condemn the irreparable damage this lawsuit has inflicted on any semblance of good relations between the Town of Southampton and the Shinnecock Nation.
News 12 reached out to Southampton Town Supervisor Maria Moore for comment but hasn't heard back at this time.
