Judge tosses Head of the Harbor lawsuit over Stony Brook dam repairs

A Suffolk County judge has thrown out Head of the Harbor’s lawsuit over Harbor Road and the collapsed Stony Brook dam, leaving residents still waiting for repairs to a route that cut off a key access point for the eastern half of the village.

In an April 14 decision, Suffolk County Supreme Court Justice James F. Matthews dismissed the case brought by the Village of Head of the Harbor against The Ward Melville Heritage Organization, ruling that the village lacked standing and had failed to state a cause of action. The dispute centered on a public nuisance claim tied to a private earthen dam and the small two-lane Harbor Road connector that runs between Stony Brook and Head of the Harbor across the Smithtown-Brookhaven line.

The lawsuit sought injunctive and declaratory relief, along with money damages, over the road failure and the damage left behind by the storm. But the ruling did not solve the practical problem that has lingered since an August 2024 storm collapsed the dam and washed out part of the road, draining Mill Pond and leaving the area untouched for more than a year.

That prolonged stall has had real consequences in the village. Head of the Harbor Mayor Michael Utevsky said the closure cut off a primary access route for eastern residents, and ABC7 reported he estimated emergency response delays at 5 to 7 minutes. Officials and residents have also pointed to the price tag, with the cost to rebuild the dam reported at at least $5 million.

The case has been tangled in a broader ownership fight among WMHO, the village, Brookhaven Town and Suffolk County. WMHO initially denied owning the site, then later filed documentation with FEMA, including title reports from Brookhaven and Suffolk County, acknowledging ownership of the property. By October 2025, WMHO, Head of the Harbor and Brookhaven Town had reached a tentative ownership agreement that could clear the way for FEMA funding and a long-term repair plan.

Until that path turns into actual construction, Harbor Road remains a symbol of how infrastructure disputes can outlast the storm that caused them. Residents staged rallies and public demonstrations throughout 2025, including a May 31 gathering that drew more than 200 people, as the legal and bureaucratic fight dragged on around a washed-out road, a broken dam and a village still waiting for both to be put back together.