The Town of East Hampton has filed a lawsuit against a Montauk property owner and an artist over a large sculpture made of welded shipping containers, alleging unlawful construction of an unpermitted structure. The artwork, titled "Mediating Figure" by artist Matt Johnson, was erected in June on a property known as The Ranch, owned by Max Levai.
The town's complaint, filed in Suffolk County Supreme Court, asserts that the sculpture constitutes a structure requiring building permits, architectural review, and a certificate of occupancy. Levai has been displaying various artworks on his property since 2021, but this is the first instance leading to legal action from the town.
Town Attorney Jake Turner stated that "welding big pieces of metal together" necessitates a review by the building department for safety standards. Public information officer Patrick Derenze added that "any and all structures in New York State require a building permit" and that if the sculpture qualifies as a structure under state building code, it must undergo the permit process.
East Hampton's legal action also cites a violation of a conservation easement. The town argues that an agreement from August 1983 stipulated that the land could only be developed for agricultural production, despite it being privately owned. The town has secured a stay prohibiting further construction or demolition on the property.
Johnson selected Montauk for the installation, noting its history as an artist's colony and its position as the furthest point on Long Island. Levai told Vanity Fair that his property has hosted a broad collection of art for five years, receiving positive feedback from local museums and collectors.
"I think a lot of times, artists – and I certainly feel this way about living where I live – it’s nice to sort of just get yourself a distance away from all the stuff that’s going on," Johnson commented on his choice of location.
Levai believes the "Mediating Figure" sculpture challenges boundaries and encourages contemplation. However, the town has formally demanded that the structure be "dismantled or demolished immediately." The artist was recently removed as a defendant in the lawsuit.
The East Hampton Town Board voted 4-1 on July 7 to explore legal action, a decision that culminated in the filed complaint. The town has brought four charges against The Ranch: violation of a conservation easement, failure to obtain a building permit, failure to obtain Architectural Review Board approval, and failure to obtain a certificate of occupancy.