East Hampton: New Delay in Federal Court Decision on Airport Rules
East Hampton Town announced this afternoon that the federal judge expected to issue a decision on a temporary restraining order against the town’s new airport regulations will be making a decision by Friday, June 26, not June 8 as originally anticipated.
The federal court issued an order today extending its deadline to rule on a motion seeking to block enforcement of three local laws adopted by the Town of East Hampton to address the problem of excessive airport noise.
According to the town, “Judge Joanna Seybert heard arguments on May 18 and initially announced that she would issue a decision by June 8 and that she would construe the motion as one for a preliminary injunction. At that time, the town agreed to postpone enforcement of the laws pending her decision.”
In today’s order, the town added, “Judge Seybert extended the deadline for issuing her decision by three weeks to June 26, 2015, citing the complexity of the issues involved. The town board remains confident that it will prevail in the litigation, however, out of respect for the judicial process, the town has agreed to continue to not enforce the local laws pending the court’s decision.”
The town will post an update when the court issues its ruling, which is now expected on or before Friday, June 26. In the meantime, information on the three local laws as well as the court filings is available at www.htoplanning.com.
Actually the issue is quite simple: democracy versus money – the issue that besets the US everywhere.
Usually a preliminary injunction is issued only when likely irreparable harm is at stake, which is clearly not the case here. And Judge Seybert is not even issuing an injunction – the Town of East Hampton is caving in before the battle starts. The “judicial process” could take place even with the noise-reduction regulations in force, and the judge could then, if she so chooses, issue a preliminary injunction before the case goes to trial.