Neighbors File Lawsuit Against Cherry Lane Mobile Home Park, Citing Negligence and Infestations
SOUTHPORT, N.Y. (WENY) -- On Monday, January 6th, WENY News obtained a copy of a lawsuit filed by several residents living near Cherry Lane Mobile Home Park on Sherman Avenue in Southport. The lawsuit targets the park's current and former owners and managers, accusing them of negligence that has turned the area into what neighbors described as a health hazard.
According to the lawsuit, Cherry Lane Park has been plagued with issues for years, including infestations of rodents and insects. Neighbors claim the pests, unchecked by park operators, cause significant property damage and create unsafe living conditions.
"The allegations of the owners against Cherry Lane Park are that they operated in a negligent fashion which caused infestations of both rodents and insects to occur and run unabated, which then migrated to the neighboring homes of the plaintiffs and when they were operating their trailer park," said attorney Joshua Lippes, partner at Lippes & Lippes, presenting the neighbors in the court filing.
Residents have voiced concerns at the Town of Southport monthly board meetings for years, but they say little has been done to address the problem. In September 2023 demolition crews tore down 10 condemned trailers on the property, but neighbors say the situation has worsened because the property was not sprayed for pesticides before the demo began.
"There [are] multiple issues, one being the rodent and cockroach infestation, and when it wasn't addressed under New York State Code by the Health Department and or Town of Southport Code Enforcement, the neighborhood was overrun with mice and cockroaches and we all started getting them in our houses after they started doing demolition on some of the condemned trailers," says Sherman Avenue resident and plaintiff, Tom Aber.
The lawsuit alleges that the park's operators' negligence has directly contaminated neighboring homes, putting residents' health and safety at risk. Neighbors also claim that their property values have gone down as a result.
Attorney Joshua Lippes explained to WENY News that his clients are seeking financial compensation for the damages they've endured.
"We do want compensation for our clients, for their property value, for their loss of use and enjoyment of the home, for the money they've expended to have their homes remediated, and for some of them it's been more than once and it's a couple [of] thousand dollars every time it happens. So these damages add up and they can be significant," says Lippes."
The lawsuit comes several months after the Town of Southport revoked Cherry Lane's license to operate in August of 2024. As of January 2025, ten condemned trailers remain on the property, and neighbors say three are still occupied - despite notice of code violations, and the park's absence of a license to operate.
Aber stressed the need for immediate action to resolve the ongoing issues.
"The next step is to basically clean up the property, and I know it's [the] dead of winter, but let's find these people a safe place to live through Catholic Charities or whoever, and then get a demolition company over here once the weather warms up a little bit. There [are] 30, 40-degree days, that'll be coming and it should only take them a day or two to remove the trailers. They gotta start somewhere, [the] sooner [the] better," shared Aber.
As the lawsuit moves forward, residents say they hope it will bring accountability and a long-overdue solution to the problems that have lingered and plagued their neighborhood for years.
Additionally, the same neighbors have filed a Notice of Claim against the Town of Southport. The documents say the town has been negligent, in allowing the park to continue to operate, in violation of town code and without a permit.
Neighbor Tina Moore, one of the plaintiffs in the suit released this statement to WENY News: "I have completely lost all faith in the Town of Southport. Due to how they have handled the situation with the trailer park and have since 2021. Trying to hold them accountable is a struggle in itself. There is a right way to do things and then there is their way. Myself along with several of my neighbors have been affected by what I will call their poor decisions. With that being said I do trust that my lawyer will get to the bottom of it all. ("Everything that went wrong here that shouldn't have.") I also believe that my lawyer will get the answers. To all of the questions that fell on deaf ears every time I asked them and maybe now. I will finally get more than 3 minutes to comment," said Moore.