Court Denies Another Request in Airport Case

A four-judge panel in New York State's Second District Appellate Court on Wednesday decided that while a lower court rules on a lawsuit brought against East Hampton Town by The Committee to Stop Airport Expansion, no injunctive relief will be granted.

Since the group first went to court on the issue in December  from State Supreme Court Justice John J.J. Jones Jr. in Riverhead, four court orders have been denied.

The lawsuits came in response to from the Federal Aviation Administration for a deer fence. The group believes that accepting federal funds will tie the town down in the future, constricting the town's ability to make desicions at the airport on a local level.

While the group's case in State Supreme Court remains to be decided, Wednesday's decision had supporters of accepting the funds thinking that the four judicial decisions point a larger truth. The lawsuit had

Councilman Dominick Stanzione was thrilled with the decision.

"I would say that the process of achieving any success in progressive government efforts is always faced with challenges," Stanzione said. "Some have merits some do not. We have to answer and deal with both."

"There has been no final decision in the case yet," said Anthony Pasca, of the firm Esseks & Angel, which represents the East Hampton Aviation Association - a group that favors accepting the funds and is party to the suit. "But I think the writing is on the wall."

A lawyer representing The Committee to Stop Airport Expansion, Jeffrey Bragman, said on Thursday that obtaining injunctive relief against a town is typically difficult task, and remains optimistic that his case in front of Judge Jones will be successful in the end.

"There's a simple truth that I think will out," he said. "There was a deliberate effort by the town to obscure the truth during the environmental review process."

Bragman said he would not be surprised if his group's original case, in front of Judge Jones, ends up at the appellate level eventually.