East Hampton Town is seeking a court order to demolish a towering 60-foot-tall sculpture made of shipping containers in Montauk, accusing gallery owner Max Levai of installing the artwork without authorization, according to a lawsuit filed in Suffolk Supreme Court. The sculpture, titled “Meditating Figure” by California-based artist Matt Johnson, depicts a figure in a lotus pose and sits on land with development rights that were sold to the town in 1983, permanently restricting its use to agriculture.
Town Accuses Gallery of Permit and Zoning Violations
The town’s amended complaint names Max Levai, owner of The Ranch art gallery and horse farm located on Old Montauk Highway, alongside his limited liability company that owns the property. According to town officials, the installation lacks a required building permit, Architectural Review Board approval, and a certificate of occupancy. Officials have also alleged a direct violation of the conservation easement that restricts parts of the property.
East Hampton is asking the court to halt all activity at the property, compel the complete removal of the sculpture, and require the land to be restored to its prior condition. On Friday, a judge issued a temporary restraining order and preliminary injunction barring Levai from changing or removing the sculpture without town approval while the litigation moves forward. Online filings show the parties are due back in court on September 10.
Did you know?
The town board voted 4-1 on June 9 to authorize legal action against the owner of The Ranch. Councilman Tom Flight cast the lone dissenting vote, raising concerns about potential limits on public artistic expression.
Legal Defense and the Debate Over Agricultural Land Rights
Richard Whalen, an attorney representing Levai, said in a phone interview that his client hopes to resolve the dispute with the town before the litigation proceeds further. Whalen acknowledged that a building permit should have been secured for the massive installation but maintained that the artwork remains permissible even though the land’s development rights belong to the town.
“Our contention is that a piece of sculpture is not a use, that if a farmer sells the development rights to his land or her land, that doesn’t preclude them from installing a piece of artwork … as long as it doesn’t affect the agricultural use of the property,” Whalen stated.
Artist Matt Johnson, who was initially named as a defendant in the town’s first complaint before being removed from the case, did not return requests for comment. In a prior email to Newsday, Johnson explained that his sculpture connects with historical colossal figure sculpture, drawing parallels to large Buddha statues in Southeast Asia. “But this work is a fully contemporary construction, a deity built by capital and consumption,” Johnson wrote.
Prior Scrutiny and Enforcement History at The Ranch
This legal action follows previous clashes between town officials and the Montauk gallery. In 2023, the town issued appearance tickets to The Ranch over unpermitted art events and missing site plan approvals. Although town officials authorized potential litigation at that time, a formal lawsuit was never filed.
Town officials have repeatedly emphasized that the current legal battle focuses strictly on compliance with local building codes, safety regulations, and conservation easements rather than the content or artistic merit of the sculpture itself.
Frequently Asked Questions
What is the “Meditating Figure” sculpture in Montauk?
Created by California artist Matt Johnson, the 60-foot-tall sculpture depicts a figure in a lotus pose and was assembled by welding 12 decommissioned shipping containers together as part of “LA Monumental,” an outdoor exhibit at The Ranch.
Why is East Hampton Town suing the property owner?
The town alleges the sculpture was erected without a building permit, Architectural Review Board approval, a certificate of occupancy, or adherence to a conservation easement that limits the property’s use to agriculture.
What is the current status of the legal battle?
A judge issued a temporary restraining order and preliminary injunction preventing the gallery owner from altering or removing the sculpture without town approval. Both parties are scheduled to return to Suffolk Supreme Court on September 10.
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