Legal Enforcement · Dec 2023 – present
Village Legal Enforcement Actions
A stop work order issued during a flooding emergency, $500/day fine threats, three weeks of unanswered legal correspondence, a ZBA proceeding filed under protest with a $3,500 fee — and an estimated $250,000 in Village taxpayer money spent defending a pattern of selective enforcement.
December 21, 2023
The Flooding Emergency
Pond levels on Ragnar's property had risen to the point of flooding the shared access road serving two homes. Nassau County Police documented the hazard. Before beginning any work, Ragnar sent Inspector Richardson a two-minute video explaining the situation — proactive communication that emergency drainage maintenance does not require a permit.
Flooded road access
Elevated pond levels
Flooded path, Dec 2023
Photography submitted as Exhibit 12 — Pond Flooding Documentation
December 22, 2023
Stop Work Order Issued
Rather than acknowledging the emergency nature of the drainage work, Inspector Richardson issued a Stop Work Order the following day — actively preventing Ragnar from completing the maintenance required to restore road access. The roads remained blocked for residents and essential vehicles including the garbage truck.
Exhibit 10A — Stop Work OrderDecember 22, 2023
$500/Day Fine Threat — On the Wrong Parcel
The same day as the Stop Work Order, Ragnar received a formal violation letter from Village counsel Humes & Wagner threatening $500 per day in civil penalties. The SWO cited parcel SBL 28,66,200 — a parcel that does not have fill or boulders on it. The Village simultaneously demanded removal of material and prohibited any work to remove it.
RE: Village of Centre Island Code Enforcement — Parcel SBL 28,66,200
You are hereby notified that the above-referenced property is in violation of the Village Code. You are directed to immediately cease and desist all work and to remove all illegally placed fill and boulders from the property.
Pursuant to Village Law, you may be subject to a civil penalty of $500 per day commencing December 19, 2023 for each day the violation continues.
— Humes & Wagner, P.C., Village Attorneys
Note: The Stop Work Order cites SBL 28,66,200 — a parcel that does not contain the fill and boulders referenced in the violation letter.
December 24–26, 2023
Holiday Email Chain — Flooding Continues
On Christmas Eve and Christmas Day, Ragnar sent three emails escalating through the full chain of Village leadership. Tenants could not access their homes. Roads remained flooded. No corrective response was received.
To: Village Attorney Peter MacKinnon; Building Inspector Joseph Richardson
I am writing to formally object to the stop work order and violation notice issued on December 22, 2023. The work performed was emergency maintenance of critical drainage infrastructure to prevent flooding of access roads serving two occupied residences.
This represents arbitrary and capricious enforcement. If this matter is not resolved immediately, I will be forced to pursue damages in excess of $50,000 for interference with my property rights and the safety of my tenants.
"Taxpaying residents won't be too pleased to learn their village is spending their money this way."
To: Mayor Schmidlapp; Deputy Mayor Chalos
I am forwarding this directly to you as the elected officials responsible for Village administration. A stop work order was issued yesterday preventing me from completing emergency drainage work — the sole purpose of which was to restore safe road access for tenants currently unable to reach their homes.
The roads remain flooded. This is a safety matter and I am requesting your immediate intervention to rescind the stop work order and withdrawal of threatened fines.
To: Mayor Schmidlapp; Deputy Mayor Chalos; Village Attorney MacKinnon; Inspector Richardson
This is my third written communication over Christmas regarding the flooding emergency on my property. I have received no substantive response from any Village official.
If this matter is not resolved before the January 9th hearing, my general counsel will pursue damages against the Village.
I am documenting this correspondence as evidence of the Village's failure to respond to a safety emergency it created through improper enforcement.
January 2024
Equal Enforcement Inquiry — No Response
Following the stop work order, Ragnar formally inquired about enforcement against a neighboring property (Doering) with documented fill, fencing, commercial boat storage, and unpermitted outbuildings — activities equal to or greater in scope than those for which Ragnar received a $500/day fine threat. No documented enforcement action resulted.
Ragnar's property — enforced
Emergency drainage during active road flooding → Stop Work Order + $500/day fine threat
Neighboring property — ignored
Unpermitted shipping containers, commercial boat work, fill violations → no documented enforcement action
Unpermitted outbuilding
Additional outbuilding
Shipping container
Commercial boat work
December 2025 – Present
ZBA Proceeding — Filed Under Protest
After nearly two years with no written decision on the Parcel 9 building permit, Ragnar filed a ZBA appeal on December 4, 2025 — under protest and subject to litigation — challenging the Village's refusal to issue a decision. The $3,500 filing fee was paid under protest as a condition of being heard.
The Village has taxed and recognized Parcel 9 as a separate buildable lot for over 80 years. The Village's own legal counsel produced a 1987 vested rights report acknowledging Parcel 9 as buildable. The ZBA proceeding is ongoing. Multiple adjournments have been granted since the December 2025 filing. The parallel Supreme Court litigation is indexed under Index No. 617568/2025.
Dec 4, 2025
ZBA filing date
$3,500
Filing fee — paid under protest
80+ years
Village recognition of Parcel 9 as taxable separate lot
0
Written permit decisions issued in ~3 years
Estimated Public Cost
~$250,000 in Estimated Village Legal Expenditure
Village taxpayers have funded the legal defense of this enforcement pattern. Based on standard municipal legal rates and the documented scope of proceedings, the estimate below reflects the public cost of the Village's posture.
Cost Breakdown — Estimated
| Item | Est. Amount |
|---|---|
| Village Attorney (MacKinnon) — litigation response fees, 2023–present | $95,000–$120,000 |
| ZBA special counsel and hearing preparation, Dec 2025–present | $40,000–$60,000 |
| Supreme Court litigation defense (Index No. 617568/2025) | $35,000–$55,000 |
| Building inspector documentation, stop work order enforcement, appeals preparation | $15,000–$25,000 |
| Administrative and municipal overhead | $10,000–$20,000 |
| Estimated Total | ~$250,000 |
Estimates based on standard Nassau County municipal legal rates. Actual invoices are subject to FOIL request.
The Ledger
What this enforcement record has cost.
$3,500
ZBA filing fee paid under protest — required just to be heard
~$250K
Estimated Village taxpayer money spent on legal defense of this posture
0
Written permit decisions issued — approval or denial — in nearly three years
This page is drawn from Exhibit 10A (Stop Work Order), Exhibit 10B (Humes & Wagner violation letter), Exhibit 11 (email chain, Dec 24–26, 2023), Exhibit 9 (unregulated neighboring activities), and the Parcel 9 ZBA application filed December 4, 2025 in connection with Oelsner v. Village of Centre Island, Index No. 617568/2025. Cost estimates are based on standard municipal legal billing rates; actual expenditures are subject to FOIL request.