By Hank Russell
A Nassau County State Supreme Court judge ruled in favor of the Town of Oyster Bay against a shellfishing company that accused the town of a breach of contract. The decision ended a bitter fight between the two parties over shellfishing rights.
According to Newsday, in 2023, the town sued Frank M. Flower & Sons — which had a 30-year agreement with Oyster Bay to harvest shellfish in parts of Cold Spring Harbor and Oyster Bay Harbor — as it believed the company was in violation of its lease, by continuing to harvest in the harbor but failing to seed, as they were required to by the terms in the lease.
Frank M. Flower & Sons filed a countersuit against the town in order to compel Oyster Bay to not only renew the lease, but pay for the clams and oysters at the bay floor. Newsday reported that State Supreme Court Justice Gregg Roth ruled that Frank M. Flowers “cannot argue that anything was taken from them when they were allowed to continue to take from the underwater lands. A reading of the Town Code makes it clear that the Town was not required to renew the lease.”
The space previously provided to the company per the lease is now returned to the Town, a spokesperson for the town said. On August 12, the Town Board voted to define shellfish sanctuaries and marine management areas, as well as public harvest areas, all of which will be in place when the moratorium is lifted later this year, according to Oyster Bay Town.
“My administration is firmly committed to protecting Oyster Bay Harbor and restoring its once-thriving shellfish population. We will never allow any company to fully deplete our natural resources. The harbor belongs to the people — and its health is our priority,” Supervisor Joseph Saladino said in a statement.
Long Island Life & Politics reached out to James Cammarata, the company’s attorney, and is still waiting to hear back.