UPDATED: Opponents Try To Stop Town from 'Inking Deal' on FAA Money

Opponents of the grant money asked a Supreme Court judge to put a quash on them.

East Hampton attorney Jeffrey Bragman argued before Supreme Court Justice John JJ Jones, Jr. in Riverhead on Wednesday afternoon that the town board's decision on Tuesday would nix any hope for local control over the in Wainscott.

But, the judge denied a temporary restraining order, a type of immediate injunction that Bragman had requested in an effort to stop the town from moving forward into a grant agreement with the FAA.

"The decision clears the way for the town to end the twenty-two year controversy on how to properly maintain a safe and quiet airport for the benefit of East Hampton," according to a statement from the town.

"The application for an injunction is asking the court to stay the town from actually, in layman's language, from inking the deal, which would relinquish local control," Bragman said on Thursday. He will continue to seek a more permanent injunction. Final paperwork will be submitted by early January, he said.

Bragman is representing the Committee to Stop Airport Expansion, an organization that has been involved in the environmental review of the airport and past litigation involving the airport, as well as some neighbors of the Daniels Hole Road airport.

David Gruber and the committee, as well as several other residents are petiitoners in an Article 78 suit challenging the town's State Environemntal Quality Reiveiw of the airport in February of 2011.

Eric Bregman represented the town as special counsel, along with town attorney John Jilnicki, in the two hour hearing. Anthony Pasca represented the East Hampton Aviation Administration.

Since the judge rejected the temporary restraining order, the town can proceed with its grant application to the FAA for the deer fencing, which was received by the FAA on Tuesday afternoon.

“The court’s support for our bi-partisan, unanimous town board decision advances the prospects for comprehensive management strategies that place a high-value on safety, fiscal responsibility and a much quieter airport,” said Town Councilman Dominick Stanzione. He added, “We are a step closer to really reducing the impact of aviation noise.”

The emergency court hearing came just shy of a week after a was held on a proposal to apply for and accept an FAA grant for the deer fence. Over 50 spoke at the hearing inside the Town Hall meeting room, which was standing room only. On Tuesday, the moving forward.

The majority of people who spoke were in favor of the funding, but Bragman said they are apart of an organized special interest group. "My reaction to the public hearing was all of them, accept one, were either pilots or people involved in aviation an that is not overwhelming public support -- that's an organized special interest group making its interest known."

Bragman said the airport "is the pivotal environmental issue" for East Hampton. "People have begun to feel the impact and there is going to be a political reckoning over this," he said. "It's a shame if the town board didn't do more to extend the discussion and engage in a real discussion. I think what we got were soundbites."

Town Attorney John Jilnicki could not be reached for immediate comment.