Couple flooded out by Irene sues village

By JASON CHIREVAS

Former Mamaroneck Village residents David Witt and his wife, Kinuyo, who were forced to leave their home damaged by Tropical Storm Irene, sued the village in federal court on Dec. 4.

Flooding from Hurricane Irene, seen here, and alleged selective enforcement of village flood repair guidelines drove David and Kinuyo Witt permanently from their damaged home on First Street, according to a federal lawsuit filed Dec. 4. File photo

After a tangle of red tape and the revocation of a building permit, the couple was unable to repair their First Street home following damage sustained during Irene. Citing those impediments, which they believe were exclusive to their situation, the Witts filed a suit with the municipality.

The village Planning Board and Assistant Building Inspector Robert Melillo, who was the building inspector at the time relevant to the suit, were also named defendants.

“This young couple did everything possible to play by the rules,” Debra Cohen, attorney for the Witts, said in a press release. “Unfortunately, village officials made them sacrificial lambs to their own political interests.”

In the suit, the Witts accuse village officials of using them as an example to prove to federal and state authorities they had remedied their lax enforcement of flood damage repair guidelines, which helped the village become eligible for FEMA grants.

David Witt told The Sound and Town Report last month that after their building permit was revoked and they were unable to obtain a flood variance in a timely fashion, the Witts’ decision to leave the village was a simple matter of dollars and cents.

“We had to default on our mortgage,” he said. “We had to live somewhere. We had to pay rent, and we can’t afford to do a rent and a mortgage at the same time for a house we can’t even live in.”

The Witts seek compensatory and punitive damages.

Melillo said he had no comment on the Witts’ suit.

Email: jason@hometwn.com