Jellyfish Lawsuit Filed Against Huntington Town Officials
By Maureen Daly and Niall Fitzgerald
A lawsuit alleging the suppression of residents First Amendment rights by Town of Huntington officials involving a four story apartment complex application has further exposed Huntington officials and the influence of a secret land use syndicate called “Energeia.”
Centerport resident Anna Mallet filed a Federal lawsuit, against the Town for suppressing her and other residents first amendment rights when the Chairman of the Town's Zoning Board of Appeals (ZBA), barred residents from speaking a Town ZBA meeting on a proposed four story apartment complex on the "Jellyfish" property on 25A in Centerport.
“Stealing” Town Land for Apartments
The proposed Jellyfish four story apartment complex is on an extremely narrow winding stretch of 25A - abutting an environmentally sensitive pond, in-between a restaurant and a wedding catering hall with no on-street parking.
The property was once the Mansion of Charles Morse Whitney, a prominent corporation lawyer in Manhattan, and a famous musician and composer. A graduate of Harvard University, Whitney practiced law, but also organized the Mozart Sextet, and toured North America for years.
In 2012, the property was re-opened as the Jellyfish restaurant, but it closed just five years later, and has been derelict ever since.
In January 2024, Mallet, leaders of the Centerport Harbor Civic Association (CHCA), and residents came out in droves to the ZBA meeting with numerous concerns regarding the impact the Jellyfish four story apartment complex would have on safety, the environment, and locally endangered bald eagles.
Residents also discovered, and were planning to expose, that the northern end of the Jellyfish lot is actually Town-owned land - area that the developer was claiming was their property, and if discovered, would kill the luxury apartment project.
The ZBA Meeting
The ZBA Chairman refused to allow residents to speak at the meeting - after dozens of speaking slips were filled out - by “ruling” the meeting was for administrative business only.
ZBA rules and state law require public input, limiting residents to three minutes and their attorneys ten minutes.
Asher only “allowed” the land use attorney for Jellyfish, the attorney for the CHCA, Darrin Berger, and their environmental analyst - to speak.
Asher began by saying “the misinformation surrounding this property is legion” - which many saw as an effort to discredit Berger’s presentation before it even started.
Berger’s remarks were then met with “hostility” and frequent “interruptions” by Asher - according to the Court papers - even attempting to “humiliate” Berger by asking him to surrender the microphone to Jellyfish’s land use attorney.
“This is highly improper,” said Berger at the meeting.
Asher then welcomed the Jellyfish’s land use attorney for his counter-argument, without any “interruptions” or “objections.”
Smyth & Ferro: Fire Your Civic Lawyer
This paper has previously reported on a disturbing meeting at Town Hall after the ZBA meeting, between CHCA civic leaders, and Town Supervisor Ed Smyth (R-Halesite) and Councilman Sal Ferro (R-Commack).
After being called to Town Hall to speak about “Centerport issues,” Smyth and Ferro engaged in personal attacks on Berger, and urged the civic leaders to fire him.
They also asked the civics leaders to support their completely unrelated Melville mass apartment re-zone.
The Good Ol' Boys Club
The ZBA Chair, Jerry Asher, was appointed by Smyth and Ferro at their first meeting in office in 2022 - after the spot was vacated by Ferro, who served on the ZBA until he took office.
That appointment by Smyth and Ferro was seen as a “coup,” removing Huntington resident John Posillico, whose philosophy aligned more with protecting the community from over-development - and who refused to play “Tonna’s game.”
"Tonna" is Paul Tonna (R-West Hills), a former Suffolk County Legislator and current South Huntington/Melville Water Commissioner.
Tonna got his start in politics in the early 1990’s, when he was chosen to be the nominee for Suffolk County Legislator. Asher was then the Vice-Chair of the Huntington Republican Committee.
Energeia's “Kool-Aid" Cult...
Tonna is also the founder of Energeia, a secret "invitation only" construction developers, land use and government regulators club - with deeply religious "secret society" overtones - that members have described as "creepy," and a "cult-like" scheme, to push for mass apartment construction while enriching certain of its member-Trustees.
Tonna enlisted Ferro as a member of Energeia before Ferro went on the ZBA and Town Board. The land use attorney for Jellyfish is also - coincidentally - a member of Energeia.
Land use attorneys, developers, and construction groups pay a five-figure “access” fee to join Energeia’s network procured by Tonna. Elected officials and government planning officials who enlist pay no fee.
Interestingly, an online video has resurfaced from two land use attorneys, both Energeia board members, boasting to solicit clients, “anything you need on Long Island, someone who is part of Energeia is able to deliver.”
“It’s really impressive…the governmental agencies they are involved with…what a powerful group.”
“It’s really amazing, we both serve on the board, we drank the Kool-aid, ” they bragged, referencing the People's Temple Cult that saw 909 devotees commit mass-suicide in 1978 by drinking arsenic-laced Kool-aid.
Lawsuits Move Forward…
The Mallet first amendment lawsuit has been assigned to Federal Judge Nusrat Choudhury, who was appointed by President Joseph Biden in 2022.
Before being appointed, Judge Choudhury spent her legal career working for the American Civil Liberties Union (ACLU), where she oversaw a team advancing civil rights, First Amendment rights, and civil liberties.
Depositions of Smyth, Ferro and other Town officials are expected to commence soon.